§ 15-2133 — Operation of reservoirs

New York § 15-2133

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

Text

§ 15-2133. Operation of reservoirs.\n 1. The board shall not permit the water in any reservoir constructed\nunder the provisions of title 21 of this article to rise above the high\nflow line thereof, except during floods or other emergencies, and if\nduring floods or other emergencies the water shall rise above such high\nflow line the board shall immediately open the outlet gates in such\nreservoir and take such other action as may be necessary to lower the\nwater to the high flow line of such reservoir with the least practicable\ndelay. The board shall keep an accurate and, so far as practicable,\ncontinuous record of the height of water in each reservoir and shall\ninstall and maintain at suitable places such gauges or instruments as\nmay be necessary therefor.\n 2. Except for absolutely necessary inspection or repairs, no reservoir\nshall at any time be drawn off below the low flow line, or to such\nextent as to expose isolated pools which may cause unsanitary\nconditions, unless due provision is made for draining such pools into\nthe lowest water level of such reservoir. It shall be unlawful for any\nofficer or person in charge of any reservoir to neglect the provisions\nof this section.\n 3. It shall be unlawful for any person to open or close or cause to be\nopened or closed a gate or gates in any dam constructed pursuant to the\nprovisions of this title without the consent of the board or for any\nperson to interfere in any way with the operation of, or injure a\nregulating reservoir.\n 4. When the flow of a river at any water power plant thereon falls\nbelow the average normal flow thereof, the then natural flow of the\nriver at a reservoir dam thereon shall not be restricted without the\nconsent of the owner of such power plant.\n 5. No regulating reservoir shall be constructed pursuant to the\nprovisions of title 21 of this article of a capacity greater than is\nrequired to maintain the average flow.\n 6. The expense of maintenance and operation of any existing reservoirs\nshall be paid as now provided by law until such reservoirs are taken\nover by the board pursuant to the provisions of title 21 of this\narticle, and thereafter such expense shall be paid as herein provided\nfor the maintenance and operation of reservoirs constructed pursuant to\ntitle 21 of this article.\n