§ 15-2103 — Creation of river regulating districts

§ 15-2103. Creation of river regulating districts.\n 1. Bodies corporate, which shall consist of and be known as river\nregulating districts, may be created pursuant to title 21 of this\narticle to construct, maintain and operate reservoirs within such\ndistricts, subject to the provisions of this article for the purpose of\nregulating the flow of streams, when required by the public welfare,\nincluding public health and safety. Such river regulating districts are\ndeclared to be public corporations and shall have perpetual existence\nand the power to acquire, and hold such real estate and other property\nas may be necessary, to sue and be sued, to incur contract liabilities,\nto exercise the right of eminent domain and of assessment and taxation\nand to do all acts and exercise all powers authorized by and subject to\nthe provisions of this article. Such powers shall be exercised by and in\nthe name of the board of the district.\n 1-a. Notwithstanding any other provision of law, for purposes of\napplying for and/or receiving any federal moneys or deriving any type of\nbenefit or advantage pursuant to federal law, rule or regulation river\nregulating districts are hereby deemed to be municipal corporations\nwithin the meaning of subdivision two of section sixty-six of the\ngeneral construction law.\n 2. Petitions may be filed as follows:\n a. Any person or public corporation may present to the department a\npetition for the organization of a river regulating district pursuant to\nthe provisions of title 21 of this article. Any such petitioner shall be\na resident or owner of real estate within the proposed district, or if a\npublic corporation, one whose boundaries lie wholly or partly within\nsuch district.\n b. The petition shall set forth:\n (1) The proposed name of the district, as the ............... River\nRegulating District.\n (2) The necessity for the organization of such district, the purposes\nto be accomplished thereby and the benefits to inure from the exercise\nof its powers.\n (3) A general description of the territory included in the proposed\ndistrict. Such description need not be given by metes and bounds, or by\npolitical subdivisions, but it shall be sufficient to state that the\nterritory to be included in the proposed district constitutes the\nwatershed of the particular river in reference to which the petition is\nfiled stating generally the extent of such watershed. In the event that\nthe district sought to be organized does not include the whole watershed\nof the particular river, but only the watershed of a tributary of the\nriver, then, the petition should generally set forth the extent of such\nwatershed, the reason why the watershed of the tributary should be\norganized as a separate river regulating district, and the relation of\nthe regulation of the flow of such tributary to and effect upon the flow\nof the river to which it is tributary.\n (4) The extent of the regulation possible through the construction and\noperation of reservoirs.\n (5) Whether state or private lands, or both, will be required, and in\ngeneral the extent thereof, and all such facts as would show or tend to\nshow the public necessity for the regulation of the flow of the river.\n 3. Hearings shall be held as follows:\n a. Immediately upon the receipt of such petition, the department shall\ncause notice by publication pursuant to subdivision one of section\n15-1903 to be given of the pendency of the petition, and of the time and\nplace of a hearing thereon, and may appoint times and places for further\nhearings if deemed by it to be desirable.\n b. Hearings shall be conducted in accordance with the procedure set\nforth in section 15-1903 of this article. If after such a hearing or\nhearings, it should appear that the purposes of title 21 of this article\nwould be best served by the creation of the river regulating district\nsought in the petition, the department shall thereupon so decide and\ndeclare. It shall then prepare and file a map of such district with a\ncertificate of its determination creating such district and showing the\nname, extent and purpose of the district, with the Secretary of State\nand the county clerk of each county wholly or partly within the\ndistrict, and notice of such decision shall be given in the manner set\nforth in section 15-0903.\n 4. Review is available according to the following provisions:\n a. The decision of the department may be reviewed in accordance with\nthe provisions of section 15-0905. Upon failure so to review within the\ntime prescribed or if the action of the department is sustained or\nmodified on such review, the district shall thereupon become a river\nregulating district of the State of New York and a public corporation\nwith all the rights and powers granted by title 21 of this article. No\nsuch review shall be had excepting at the instance of the Attorney\nGeneral of the state unless prior to the application for the review the\nparty making application shall file a bond or undertaking in a sum to be\nfixed by the Supreme Court or a justice thereof with good and sufficient\nsureties to be approved by the court or a justice thereof agreeing to\npay all costs and expenses caused by such review as determined by the\ncourt in the proceeding in the event of failure to set aside or modify\nthe determination and order of the department creating such district.\n b. After such a river regulating district shall have been created as a\npublic corporation hereunder, the certificate creating the same shall be\nfinal and binding upon all the public corporations and real estate\nwithin the district, and shall finally and conclusively establish the\nregular creation and organization of such district.\n c. The organization of the district shall not be directly or\ncollaterally questioned in any suit, action or proceeding except as\nherein expressly provided.\n 5. Copies of the certificate certified by the department shall be\nrecorded in the office of the Secretary of the State and in the office\nof the county clerk of each county partly or wholly within the district\nand in the event of a review any order or judgment of the court\nthereupon shall be likewise recorded. The county clerks and the\nSecretary of the State shall receive for filing and recording such\ncopies and all papers to be filed and recorded by them under the\nprovisions of title 21 of this article. They shall also receive such\nfees as are, or hereafter may be, provided by law for like services in\nsimilar cases and all above mentioned fees shall be a part of the\npreliminary expenses.\n