§ 15-3303 — Land acquisition projects for source water protection

§ 15-3303. Land acquisition projects for source water protection.\n 1. The commissioner is authorized to provide state assistance to\nmunicipalities, not-for-profit corporations and soil and water\nconservation districts to undertake land acquisition projects for source\nwater protection, in cooperation with willing sellers. Land acquisition\nprojects for source water protection shall support, expand or enhance\ndrinking water quality protection, including but not limited to\naquifers, watersheds, reservoirs, lakes, rivers and streams.\n 2. a. Any buffer encumbered by a conservation easement acquired\npursuant to this section that encumbers lands used in agricultural\nproduction as defined in section three hundred one of the agriculture\nand markets law in a county designated state certified agricultural\ndistrict created under section three hundred three of the agriculture\nand markets law may allow agricultural activity that qualifies such\nlands, provided such activity on such lands does not impair drinking\nwater and complies with an agricultural environmental management program\nplan developed by the state soil and water conservation committee, in\npartnership with the department.\n b. Notwithstanding any limitations provided herein on lands acquired\npursuant to this title a license or easement may be granted by the owner\nof such property to a public utility for a public purpose.\n 3. In evaluating land acquisition projects for source water protection\npursuant to this section, the department shall give priority to projects\nwhich protect or recharge drinking water sources and watersheds\nincluding riparian buffers and wetlands.\n 4. a. No state assistance may be provided pursuant to this section to\nfund any land acquisition project which is undertaken by eminent domain\nunless such process is undertaken with a willing seller.\n b. The department shall not provide funding pursuant to this title for\nany land acquisition project for source water protection by a\nnot-for-profit corporation, if any town, village or city within which\nsuch a project is located, by resolution, within ninety days of\nnotification by such corporation of its interest in acquiring such\nprojects, objects to such acquisition.\n 5. Consistent with section eleven-b of the soil and water conservation\ndistricts law, the soil and water conservation committee in consultation\nwith the commissioner of agriculture and markets is authorized to\nprovide state assistance payments to county soil and water conservation\ndistricts, within amounts appropriated, for land acquisition projects\nfor source water protection projects to support, expand or enhance\ndrinking water quality protection, including but not limited to\naquifers, watersheds, reservoirs, lakes, rivers and streams. Such\ncommittee shall give priority to projects which establish buffers from\nwaters which serves as or are tributaries to drinking water supplies for\nsuch projects using state assistance pursuant to this section.\n 6. Real property acquired, developed, improved, restored or\nrehabilitated by or through a municipality, county soil and water\nconservation district or not-for-profit corporation with funds made\navailable pursuant to this title shall not be sold, leased, exchanged,\ndonated or otherwise disposed of or used for other than the public\npurposes of this title without the express authority of an act of the\nlegislature, which shall provide for the substitution of other lands of\nequal environmental value and fair market value and reasonably\nequivalent usefulness and location to those to be discontinued, sold or\ndisposed of, and such other requirements as shall be approved by the\ncommissioner.\n 7. If the state acquires a real property interest in land purchased by\na municipality or not-for-profit with funds made available pursuant to\nthis title, the state shall pay the fair market value of such interest\nless the amount of funding provided by the state pursuant to this\nsection.\n 8. To the fullest extent practicable, it is the policy of the state to\npromote an equitable regional distribution of funds, consistent with the\npurpose of this section.\n