§ 15-1113 — Existing rights and remedies preserved; limitations

New York § 15-1113

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 11: Local and Regional Water Resources Planning and Development
• Art. 15: Water Resources

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§ 15-1113. Existing rights and remedies preserved; limitations.\n 1. Nothing in title 11 of this article is intended to or shall be\nconstrued to alter, impair, diminish or enlarge any existing or\nhereafter acquired public or private right, riparian or otherwise, or to\ncreate any new public or private right, riparian or otherwise, with\nreference to water resources and the use of the waters thereof and such\nrights hereby preserved shall include, but not be limited to any such\nright of the state or any agency thereof or any person or public\ncorporation. Any reference in this section to a public or private right\nwith reference to water resources and the use of the waters thereof\nshall include, but shall not be limited to, any right to receive,\ncollect, store, control, transmit, consume, supply, sell, discharge or\ndispose of water, any right to own, construct, operate and maintain any\nwater supply or water treatment facilities, including reservoirs, dams,\naqueducts, chlorinating and aeration plants and pumping stations, and\nany right to exercise control over the level, flow, discharge or\ndisposition of waters, including water in reservoirs, rivers, streams\nand aqueducts.\n 2. Nothing in title 11 of this article is intended to alter or abridge\nany right of action or other remedy now or hereafter existing nor shall\nany act done by virtue of title 11 of this article be construed as\nestopping the exercise of such rights.\n 3. Nothing in title 11 of this article shall be held to repeal, limit\nor modify the jurisdiction, powers and duties of any state or local\ndepartment, board, district, commission or authority, or any public\ncorporation, or other agency, now or hereafter possessed, or to\ninvalidate or modify, in whole or in part, any decision, order, license,\npermit, approval, or other act, issued or taken heretofore or hereafter\nby such department, board, district, commission, authority, or public\ncorporation or other agency, or to nullify, abate or otherwise affect\nany rights acquired or action taken heretofore or hereafter pursuant to\nsuch decision, order, license, permit, approval, or other act.\n 4. Nothing in title 11 of this article shall be construed as requiring\nthat a plan hereunder be approved for any region before any project\nutilizing, affecting or involving the water resources of such region in\nwhole or in part may be authorized, approved, initiated or carried out\nwithin or without such region.\n