This text of New York § 15-1504 (Water withdrawals for agricultural purposes) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 15-1504. Water withdrawals for agricultural purposes.\n 1. Applicability.\n a. This section applies to withdrawals of water for agricultural\npurposes that have been registered with the department pursuant to the\nrequirements of title sixteen of this article or reported to the\ndepartment pursuant to the requirements of title thirty-three of this\narticle on or before February fifteenth, two thousand twelve.\n b. All persons making a withdrawal of water for agricultural purposes\nshall annually register or report the withdrawal to the department under\nthe provisions of this section by March thirty-first of each year.\n 2. When used in this section:\n a. "Great Lakes basin" shall mean the watershed of the Great Lakes and\nthe St. Lawrence River, upstream from Trois-Rivieres, Quebec
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§ 15-1504. Water withdrawals for agricultural purposes.\n 1. Applicability.\n a. This section applies to withdrawals of water for agricultural\npurposes that have been registered with the department pursuant to the\nrequirements of title sixteen of this article or reported to the\ndepartment pursuant to the requirements of title thirty-three of this\narticle on or before February fifteenth, two thousand twelve.\n b. All persons making a withdrawal of water for agricultural purposes\nshall annually register or report the withdrawal to the department under\nthe provisions of this section by March thirty-first of each year.\n 2. When used in this section:\n a. "Great Lakes basin" shall mean the watershed of the Great Lakes and\nthe St. Lawrence River, upstream from Trois-Rivieres, Quebec, consisting\nin New York state of the Lake Erie-Niagara River, Lake Ontario minor\ntributaries, Genesee River, Seneca-Oneida-Oswego River, Black River, St.\nLawrence River and Lake Champlain drainage basins.\n b. "Great Lakes water" shall mean the water contained in the\nwatershed, including the lakes and rivers, of the Great Lakes basin.\n 3. Registration of water withdrawals in the Great Lakes basin.\n a. All persons withdrawing Great Lakes water for agricultural purposes\nin excess of an average of one hundred thousand gallons per day in any\nconsecutive thirty-day period shall annually register such withdrawal\nwith the department.\n b. Each registration shall be on a form and contain such information\nas may be prescribed by the department and consist of a statement of and\nsupporting documentation which shall include but not be limited to the\nfollowing:\n (1) The place and source of the proposed or existing withdrawal;\n (2) The location of any discharge or return flow;\n (3) The location and nature of the proposed or existing water use;\n (4) The actual or estimated average annual and monthly volumes and\nrates of withdrawal; and\n (5) The actual or estimated average annual and monthly volumes and\nrates of water loss from the withdrawal.\n c. In calculating the total amount of an existing or proposed\nwithdrawal for the purpose of determining the applicability of this\nsubdivision, a person shall combine all separate withdrawals which the\nperson makes or proposes to make, whether or not such withdrawals are\nfor a single agricultural purpose or are for related but separate\nagricultural purposes.\n d. Registrations shall be valid for a period of one year.\n e. A registration may be transferred by submitting a notice of\ntransfer to the department prior to the date of a transfer or change of\nownership of a water withdrawal system associated with a registered\nwithdrawal.\n f. The department may cooperate with state soil and water conservation\ndistricts for the preparation and distribution of informational\nmaterials to persons who withdraw water for agricultural purposes,\nregarding the purposes, benefits and requirements of this section, and\nwhich may also provide information on complying with the registration\nprogram and on any general or applicable methods for calculating or\nestimating water withdrawals or water loss.\n 4. Water withdrawal reporting.\n a. Any person who withdraws water for agricultural purposes in excess\nof an average of one hundred thousand gallons per day in any consecutive\nthirty-day period shall annually report to the department. The report\nshall be made on a form and contain such information as may be\nprescribed by the department and shall be based on the water withdrawals\nfor the previous calendar year, and shall include but not be limited to:\n (1) the water source, the location of the water source and the source\ncapacity if known;\n (2) the amount of water withdrawn for the reporting period, including\nthe average or peak withdrawals for intervals specified by the\ndepartment;\n (3) a description of the use of the water withdrawn; and\n (4) estimated amounts of water to be returned, if any, the locations\nof such returns and the method of such returns.\n b. The following water withdrawals are exempt from the reporting\nrequirements of this subdivision:\n (1) a withdrawal registered with the department under subdivision\nthree of this section;\n (2) a withdrawal permitted pursuant to section 15-1501 of this title;\n (3) a withdrawal reported to the department under any program that\nrequires the reporting of substantially similar data, including\nwithdrawals regulated by the Susquehanna River Basin Commission and the\nDelaware River Basin Commission;\n (4) a withdrawal permitted under section 15-1527 of this title;\n (5) closed loop, standing column, or similar non-extractive geothermal\nheat pumps; and\n (6) reclaimed wastewater withdrawn for reuse.\n 5. Withdrawals of water for agricultural purposes registered or\nreported to the department under the requirements of this section shall\nbe deemed to be in compliance with the requirements of title sixteen and\ntitle thirty-three of this article, as applicable.\n