§ 21-1009 — Grievances

New York § 21-1009

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 10: Great Lakes-st Lawrence River Basin Water Resources Compact
• Art. 21: Pollution Control Compacts

Text

§ 21-1009. Grievances.\n 1. For the purposes of section 7.3 of the Compact, a person shall be\naggrieved only when they have exhausted all rights and remedies afforded\npursuant to article seventy-eight of the civil practice law and rules\nand:\n a. there is interference with a present use of the water by the\ncomplaining person or an interference with the complaining person's\npresent enjoyment of riparian land occurring prior to suit, or which\nwill immediately occur when the withdrawal complained of is begun;\n b. a decrease in the market value of the complaining person's interest\nin riparian land occurring prior to suit or which will immediately occur\nwhen the withdrawal complained of is begun, regardless of whether his or\nher use of the water or enjoyment of riparian land was interfered with\nprior to suit, or will be immediately interfered with when the\nwithdrawal complained of is begun; or\n c. the complaining person is an applicant, and the complaining\nperson's application is denied or modified in whole or in part.\n 2. Nothing contained in this section shall, however, be construed as\ndepriving any person of any remedy either at law or in equity, which he\nor she now has, or may hereafter acquire, under the laws of this state.\n