§ 15-1705 — Licenses; approval by the Governor

§ 15-1705. Licenses; approval by the Governor.\n 1. The department, subject to the provisions of title 17 of this\narticle, may upon application issue to any person or public corporation\nheretofore or hereafter authorized to develop, use, furnish or sell\npower in this state or to a municipality of the state having such\nauthority, a license authorizing the diversion and use for power or\nother purposes of any of the waters of the state in which the state has\na proprietary right or interest, or the bed of which, or the real\nproperty required for use of such waters or the right to develop water\npower, is vested in the state; or of boundary waters of the state where\nthe state has jurisdiction over the diversion or interference with the\nflow of the same solely or concurrently with any other jurisdiction or\nowner of a proprietary right; or to any such applicant when the owner of\nany water power site or sites which it uses or proposes to use for the\nproduction, sale and distribution of heat, light or power to the public;\nand subject to the property right of others including riparian rights,\nauthorizing the construction, maintenance and operation in, across or\nalong any of such lands and waters of such dams, reservoirs, diverting\ncanals or races, water conduits, power houses, transmission lines and\nother project works as are deemed necessary or convenient for the\ndevelopment, transmission and utilization of the developable power and\nauthorizing in connection therewith the use of dams or other structures\nor contiguous or adjacent lands belonging to the state. When any water\npower site or property necessary to the full development of such a site\nis owned by the state, or water, the use of which is dependent upon the\nconsent of the state, is not, in the opinion of the department suitable\nor necessary for the development of power for public use, a license may\nbe issued to a person or public corporation for private use under like\nconditions and with the same restrictions.\n 2. Whenever the use of water or the erection of structures under a\nlicense may affect the navigable waters over which the United States\nshall have lawfully assumed jurisdiction for purposes of navigation,\nsuch license shall not be issued until the plans for such use and\nstructures have been submitted to and approved by the federal\nauthorities as required by law and any licenses shall be at all times\nsubject to the lawful exercise of such jurisdiction over the waters\naffected by the license for the purposes of navigation.\n 3. Whenever canal lands, structures or surplus canal or canal feeder\nwaters are covered by the license, the license shall not issue unless\nthe Commissioner of Transportation certifies to the department in\nwriting that the same are not necessary for the navigation or operation\nof the canals and shall not become effective until endorsed with his\napproval. Any licensee in the use of such license, structures or water\nshall be at all times subject to such reasonable rules and regulations\nas the Commissioner of Transportation shall from time to time prescribe\nso that the use thereof by the licensee shall not impair the efficiency\nof the canals and such use shall at all times be subordinate to the\nneeds of the canals.\n 4. Notwithstanding any provision of title 17 of this article, no\nlicense issued by the department pursuant to the provisions of title 17\nof this article shall be effective unless and until it is approved in\nwriting by the Governor and such approval is signed by him and affixed\nthereto; and notwithstanding any provision of title 17 of this article a\nmodification of such license shall not be effective until approved by\nthe Governor in like manner.\n