§ 15-1711 — Provisions and conditions of licenses; payment to state treasury of moneys received under this title

New York § 15-1711

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 17: Water Power
• Art. 15: Water Resources

Text

§ 15-1711. Provisions and conditions of licenses; payment to state\n treasury of moneys received under this title.\n 1. The term of the license shall not exceed fifty years from its date.\n 2. The licensee shall agree to accept and abide by the terms and\nprovisions of title 17 of this article, and to pay to the state the\ncharge or rental, if any, fixed by the department and reserved in the\nlicense, or as the same may be readjusted pursuant to law.\n 3. The license shall by reference to maps, plans, and specifications\nor otherwise clearly identify and define the improvement or development\nto be affected under the license.\n 4. If the license affects any canal or canal feeder waters, it shall\ncontain a provision, in substance, reserving to the Commissioner of\nTransportation the right at any and all times to enter upon the property\ncovered by the license, and to do and perform such acts or things,\nincluding the temporary drawing off of the water from the dam or forebay\nfrom which the licensee is drawing water and such interruption in the\nsupply of water to the licensee, as may be deemed necessary for the\nrepair, reconstruction or improvement of the canal or any canal works or\nstructures and that the licensee shall be at all times subject to such\nreasonable rules and regulations for the management and maintenance of\nthe canals and navigation thereof as the Commissioner of Transportation\nshall from time to time prescribe; also a provision in substance\nreserving to the department the right, on ninety days' written notice to\nthe licensee, to retake, recapture and resume wholly or in part the use\nof the water and other property covered by the license, including all\nstructures erected upon and improvements to such property, and to\ncontrol and limit the manner and extent of use of such water or other\nproperty, whenever in the opinion of the Commissioner of Transportation\nor the Legislature, the necessary supply of water for the use of the\ncanals of the state, or any future alterations or improvements of the\ncanals, or the safety of the works connected therewith, may render such\nresumption, control or limitation necessary; also a provision in\nsubstance reserving to the state the right wholly to abandon or destroy\nthe canal, dam or works by the erection or construction of which the\nsurplus water covered by the license is rendered available. In either of\nwhich events, the licensee, if he promptly complies with any and all\nlawful directions of the department with respect to the cessation of the\nuse of water and removal from the premises may recover from the state in\nthe Court of Claims the damages resulting to him therefrom, but the\ndamages for improvements on state lands shall not exceed the\nreconstruction cost. The damages for which the state shall be liable may\nbe specified in the license. The state shall not be liable for any\ntemporary interruption for the repair of or in the operation of the\ncanal, and in case of a substantial change in the right or privilege\ngranted, the department, by agreement, may readjust the charge or rental\nwith the licensee.\n 5. The license shall contain a provision in substance that if there be\na partial resumption of the use of the water or of the land which is\ncovered by the license, the licensee, at his option, may continue for\nthe remainder of the term specified in the license to use the residue of\nthe water and land covered by the license, under the terms and\nconditions of the license, or such modified terms as may be agreed upon,\nupon the payment to the state of a revised and readjusted charge or\nrental, and that if the licensee refuses to accept or continue the use\nof the remaining water and land at the revised and readjusted rental,\nthe license shall terminate and the licensee shall have his claim for\ndamages as provided by the preceding subdivision.\n 6. Except as otherwise provided by law, the terms and provisions of a\nlicense may be altered only by mutual agreement between the department\nand the licensee, after publication as provided in subdivision 1 of\nsection 15-0903 of a notice setting forth the time and place of the\nmeeting at which the proposal to alter the terms and provisions of the\nlicense will be considered. If by any such agreement the amount of water\navailable for use by the licensee is curtailed or the privileges and\nrights under the license are materially changed, the department may\nrevise and readjust the rental to be paid.\n 7. The license may contain a provision to the effect that the licensee\nshall furnish to the state, free of charge or upon terms to be fixed as\ntherein provided, the hydraulic or hydro-electric power required for the\noperation or lighting of certain defined state structures, works or\nproperty.\n 8. The license may also contain a provision in substance, that the\nlicensee shall obtain the fee simple absolute of, or any lesser interest\nin, all property other than that of the state used by him in the\nconstruction of the project.\n 9. In issuing licenses for a minor part only of a complete project, or\nfor a complete project of not more than one hundred horsepower capacity,\nthe department may in its discretion waive such conditions, provisions\nand requirements of title 17 of this article, except the license period\nof fifty years, as it may deem to be to the public interest to waive\nunder the circumstances.\n 10. The department shall pay into the state treasury the moneys\nreceived by it in the course of administering the provisions of title 17\nof this article in the manner provided by section 121 of the State\nFinance Law.\n