§ 66 — Replacement water sources

New York § 66

• Jurisdiction: New York
• Law HAY: Highway
• Art. 3: State Highways

Text

§ 66. Replacement water sources. If the commissioner determines that a\nhighway project or highway maintenance activity of the department has\nsignificantly changed or rendered unusable a private water supply\nsystem, the commissioner is authorized, upon the consent of the owner\nthereof, to provide, or participate in the provision of, a replacement\nsource or supply of water or a modification of the system affected. The\ncommissioner is authorized to use the forces of the department and\ncontractors under contract with the department, and is authorized to\nenter into contracts or agreements for the purposes of this section. In\nany claims against the state, actions undertaken by the commissioner\npursuant to this section shall be considered in reducing damages\nincurred by affected individuals. The commissioner, with the consent of\nthe owner, is authorized to conduct testing and other investigation to\nascertain whether a highway project or highway maintenance activity of\nthe department may have adversely impacted a private water supply\nsystem. Nothing in this section shall be construed to require any action\non behalf of the department and the authority conferred herein shall be\nexercised, and any related determinations of the commissioner shall be\nmade, in the discretion of the commissioner or commissioner's designee.\nThe department shall not enter private property pursuant to this section\nwithout the consent of the owner of such property. Nothing contained in\nthis section shall be construed to relieve the department from any\nrequirements that would otherwise apply pursuant to article eight of the\nenvironmental conservation law.\n