§ 15-1509 — Approval of plans for forest preserve reservoir projects; petition; proceedings

New York § 15-1509

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 15: Water Supply
• Art. 15: Water Resources

Text

§ 15-1509. Approval of plans for forest preserve reservoir projects;\n petition; proceedings.\n 1. Any publicly owned water supply project involving the construction\nof a reservoir on forest preserve lands must be submitted for approval\nto the department as provided in sections 15-1501 and 15-1503 of this\narticle, and the procedure on such an application shall be as therein\nset forth except as to the additional requirements and further procedure\nrequired by this section.\n 2. The petition for approval of such a project must state that it is\ndesired to construct a reservoir on state owned forest preserve lands,\ngiving a description of the location and extent of the lands to be\noccupied or flooded, and shall be accompanied by a map, based on\naccurate surveys, showing the boundaries of such land and the high flow\nline of the water to be impounded thereon. The public notices of the\nhearing shall state that the reservoir proposed to be constructed is on\nstate owned lands within the forest preserve.\n 3. In addition to the findings required by section 15-1503 of this\narticle, the department in such cases shall also determine whether the\nneeds of the applicant for water are such as require the proposed public\nuse of the land involved, whether the constitutional limitation as to\nthe amount of such land that can be used for reservoir purposes will not\nbe exceeded, and whether the plans are such that unsanitary conditions\nwill not be created by the proposed project.\n 4. If the application is approved, the department shall apportion all\nthe expenses of the proposed project upon the municipalities which it\nmay find to be benefited thereby, to the extent of the benefits\nreceived; it shall also fix the amount to be paid to the state by the\nmunicipalities benefited. Such amount to be paid to the state is to be\ncomputed as follows:\n a. The value of the state owned timber and other forest products to be\nremoved during the construction of the project, such amounts to be due\non the cutting of such timber or other products. Such material shall\nbecome the property of the applicant on the payment of such amount to\nthe state. The department may direct that the amount due be paid in one\nlump sum or may permit partial payments to be made in such amounts and\nat such times as may be specified.\n b. A charge of six per centum per annum on the value of the state\nowned lands and rights used, unimproved and bare of timber. This value\nshall be determined by the department and be redetermined by it at\nintervals of ten years from the date of approval of the application. The\namount of this charge for any year shall be due and payable on the first\nday of January of the succeeding year and shall be computed from the day\nof the actual entry of the applicant or the department on the state\nowned land for the purpose of beginning the clearing or the construction\nwork.\n c. An annual charge, to be determined, redetermined and payable as\nprovided in paragraph b above, as a reasonable return to the state for\nits services rendered.\n 5. A statement of all these matters shall be included in the decision\nof the department approving the application.\n