N.Y. Environmental Conservation Law § 15-1501: Water withdrawals; permit

§ 15-1501. Water withdrawals; permit.

1. Except as otherwise provided in this title, no person who is

engaged in, or proposing to engage in, the operation of a water

withdrawal system with a capacity of greater than or equal to the

threshold volume, shall have any power to do the following until such

person has first obtained a permit or permit modification from the

department pursuant to this title:

a. To make a water withdrawal from an existing or new source or an

increased water withdrawal from an existing permitted source;

b. To take or condemn lands for the protection of any existing sources

of public water supply; or for the development or protection of any new

or additional sources of public water supply;

c. To commence or undertake the construction of any works or projects

in connection with the proposed withdrawal; or

d. To extend its supply or distribution mains into any new water

service area or extension that has not been approved by the department

or a predecessor commission; or

e. To make a significant change in the principal use of the water

withdrawal system from that specified in the permit, or permit

application.

2. All valid public water supply permits and approvals issued by the

department or its predecessors shall remain in full force and effect for

the purpose of satisfying the permit requirements of subdivision one of

this section for existing water withdrawals from a source and in an

amount authorized by such permit or approval. Until the department

promulgates regulations pursuant to subdivision four of this section,

nothing contained in subdivision one of this section concerning permits

from the department shall be applicable to water withdrawals other than

for a public water supply system.

3. Nothing contained in this title concerning permits from the

department for water withdrawals shall be deemed to nullify the

requirements of the State Sanitary Code applicable to drinking water

supplies, including public water systems and bottled water facilities,

in effect on February 15, 2012, as may be amended from time to time. No

supplier of water shall make, install or construct, or allow to be made,

installed or constructed, a public water supply system or any addition

or deletion to or modification of a public water supply system until the

plans and specifications therefor have been submitted to and approved by

the commissioner of health or his or her designee as may be required by

the state sanitary code.

4. The department shall promulgate regulations to implement a

permitting program for water withdrawals equal to or greater than the

threshold volume consistent with the requirements of this section which

shall establish: (a) minimum standards for operation and new

construction of water withdrawal systems; (b) monitoring, reporting and

recordkeeping requirements; and (c) protections for present and future

needs for sources of potable water supply. Such regulations may

establish quantitative standards that maintain stream flows protective

of aquatic life, consistent with the policy objectives of this article

and any other conditions, limitations and restrictions that the

department, in consultation with the department of health, determines

are necessary to protect the environment and the public health, safety

and welfare and to ensure the proper management of the waters of the

state. The regulations may establish exemptions from permitting

requirements in addition to those exemptions specified in this section.

5. The department is authorized to consolidate existing water supply

permits for a public water supply system into one permit, and may

require submission of an application for such permit where the

department determines that such actions are necessary to protect the

environment and the public health, safety and welfare and to ensure the

proper management of the waters of the state.

6. Each person who is required under this section to obtain a permit

shall annually, on a form prescribed by the department, report all

information requested by the department, including but not limited to

water usage and water conservation measures undertaken during the

reporting period. Information on water usage and water conservation

measures shall be posted on the department's website.

7. The following water withdrawals are exempt from the permit

requirements established by this section: (a) withdrawals used for fire

suppression or public emergency purposes; (b) withdrawals that have

received an approval from a compact basin commission which administers a

program governing water withdrawals; (c) closed loop, standing column,

or similar non-extractive geothermal heat pumps; (d) withdrawals for

which a permit has been issued pursuant to the requirements of section

15-1527 of this title; (e) existing withdrawals for agricultural

purposes provided the withdrawal has been registered with the department

pursuant to the requirements of title sixteen of this article or

reported to the department pursuant to the requirements of title

thirty-three of this article on or before February fifteenth, two

thousand twelve; and (f) withdrawals at remediation sites conducted

pursuant to a federal or state court order or federal or state

government agency agreement or order.

8. The department shall establish a water conservation and efficiency

program with the goals of (a) ensuring improvement of the waters and

water dependent natural resources, (b) protecting and restoring the

hydrologic and ecosystem integrity of watersheds throughout the state,

(c) retaining the quantity of surface water and groundwater in the

state, (d) ensuring sustainable use of state waters, and (e) promoting

the efficiency of use and reducing losses and waste of water.

9. The department shall issue an initial permit, subject to

appropriate terms and conditions as required under this article, to any

person not exempt from the permitting requirements of this section, for

the maximum water withdrawal capacity reported to the department

pursuant to the requirements of title sixteen or title thirty-three of

this article on or before February fifteenth, two thousand twelve.