§ 15-2101 — Definitions and construction

New York § 15-2101

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 21: River Regulation By Storage Reservoirs
• Art. 15: Water Resources

Text

§ 15-2101. Definitions and construction.\n The following words and phrases when used in title 21 are defined as\nfollows:\n 1. "Real estate," when used without words of limitation, includes all\nuplands, lands under water, the waters of any lake, pond or stream, all\nwater and riparian rights or privileges, all water powers, water plants,\nand all dams, races, sluiceways and machinery connected therewith, and\nany and all easements and incorporeal hereditaments, and every estate,\ninterest and right, legal or equitable, in land or water, including\nterms for years, and liens, legal or equitable, on real estate, as above\ndefined, in way of judgment, mortgage or otherwise, and all real estate\nas above defined acquired or used for railroad, highway, or other public\npurposes.\n 2. "Regulating reservoir" means a basin for impounding water, formed\nor enlarged by a dam, constructed or maintained for the purpose of\nregulating the flow of a stream or river and shall be construed to\ninclude the dams and dikes or other structures by means of which the\nwater is or is to be impounded, the gate houses, including controlling\ngates, sluices, screens, racks and other accessories thereto; spillways,\nfishways, log or ice chutes, or barriers and all accessories thereto;\nall bridges or roadways over or appurtenant to the dams and dikes; all\nother structures, devices, or appliances connected with or appurtenant\nto any of the structures hereinbefore enumerated, in such manner that\nthey cannot be removed without injury to such structures or without\nimpairing the usefulness thereof for the purposes for which they are\nintended; the lands under the water impounded, or to be impounded, by\nthe dam or dams, and such lands surrounding or adjacent to the dam, or\nthe water impounded or to be impounded thereby, and such other real\nestate and appliances, including roadways and telephone lines, as shall\nbe necessary for the purposes of the construction, maintenance, or\noperation of a regulating reservoir, as above defined, also including\nsuch land surrounding such reservoir as may be necessary to preserve and\nprotect such reservoir from unsanitary conditions, and from any\nencroachment affecting its use for the purpose of regulating the flow of\nthe stream or river for the regulation of which it may be constructed.\nSuch term is not intended to include a reservoir created by a dam\nconstructed or maintained for power purposes, but is intended to include\na reservoir at or by reason of which there may be, as an incident to the\nconstruction, maintenance and operation of such regulating reservoir,\nthe possibility of the utilization of a portion of the water stored\nthereby for power purposes, without in any way interfering with the\nprimary purpose of a reservoir constructed under the provisions of title\n21 of this article.\n 3. "Benefit or benefits" shall be interpreted to include benefits to\nreal estate, public or private, to municipal water supply, to\nnavigation, to agriculture and to industrial and general welfare by\nreason of the maintenance and operation of a regulating reservoir,\nwhether such benefit shall inure to a person, a public corporation or\nthe state. In the event that any regulating reservoir operates to\nrelieve the state of any obligation by reason of diversion of the water\nof any river for canal purposes, the state, to the extent that the\nmaintenance and operation of such reservoir may accomplish such relief,\nshall be deemed to have received benefit therefrom.\n 4. "Board" shall mean the river regulating board of a district.\n 5. "Preliminary expenses" shall be construed to mean expenditures made\nor incurred by the state on account of the services or expenses of its\nofficers or employees in making studies, investigations, surveys, plans,\nspecifications and estimates; in negotiating, drafting, and letting\ncontracts; in supervising and directing the construction of works and\nstructures, as authorized or required by title 21 of this article; and\nthe expenses of procuring searches, or abstracts of title of real estate\nfor the purpose of carrying out the provisions of title 21 of this\narticle.\n 6. "Regulation" means only such regulation as can be had through the\nconstruction, maintenance and operation of regulating reservoirs,\nexcepting as otherwise expressly provided in title 21 of this article.\n 7. "Average flow" means that result in terms of cubic feet of water\nper second derived by the division of the total number of cubic feet of\nwater flowed by any stream or river, at the location thereon where the\nmeasurement is taken, in one year, or for an average of years, by the\nnumber of seconds in a year.\n 8. "Average normal flow" means that result in terms of cubic feet of\nwater per second derived by the division of the total number of cubic\nfeet of water flowed by any stream or river, at the location thereon\nwhere the measurement thereof is taken, on those days in a year during\nwhich such flow did not exceed the average flow, by the number of\nseconds in the total number of such days.\n 9. "Cost of construction" shall be construed to include in addition to\nthe cost of a regulating reservoir, all preliminary expenses, all\nexpenses of organization of the district, engineering fees, costs of\nsurveys, plans, advertising, salaries, compensation and expenses of the\nboard, together with all legal and other expenses, incidental to the\nconstruction of such reservoirs up to time of the completion thereof.\n 10. "Cost of maintenance and operation" shall be construed to include\nall such expenses for repairs and upkeep of the regulating reservoir,\nall such expenses necessary to the proper operation of such reservoir\nfor the purposes for which it was constructed and all such part of the\ncompensation and expenses of the board, its officers and employees after\nthe completion of such regulating reservoir as are in the judgment of\nthe board and the department properly chargeable thereto.\n 11. "High flow line" means the line which will be made around a\nreservoir by the water therein when it is at the level of the crest of\nthe reservoir spillway.\n 12. "Low flow line" means the line made by the water of a reservoir\nwhen it is at the lowest level which, consistent with the regulation of\nthe flow of the river and the maintenance of sanitary conditions, the\nboard with the approval of the department shall fix and determine.\n 13. "Unsanitary condition or conditions" means such condition or\nconditions as are a menace to the public health.\n 14. The general provisions and definitions appearing in section\n15-1903 shall, where appropriate, be applicable to the functions and\nduties of the department or board, as the case may be, under title 21.\n