N.Y. Environmental Conservation Law § 15-1504: Water withdrawals for agricultural purposes

§ 15-1504. Water withdrawals for agricultural purposes.

1. Applicability.

a. This section applies to withdrawals of water for agricultural

purposes that have 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.

b. All persons making a withdrawal of water for agricultural purposes

shall annually register or report the withdrawal to the department under

the provisions of this section by March thirty-first of each year.

2. When used in this section:

a. "Great Lakes basin" shall mean the watershed of the Great Lakes and

the St. Lawrence River, upstream from Trois-Rivieres, Quebec, consisting

in New York state of the Lake Erie-Niagara River, Lake Ontario minor

tributaries, Genesee River, Seneca-Oneida-Oswego River, Black River, St.

Lawrence River and Lake Champlain drainage basins.

b. "Great Lakes water" shall mean the water contained in the

watershed, including the lakes and rivers, of the Great Lakes basin.

3. Registration of water withdrawals in the Great Lakes basin.

a. All persons withdrawing Great Lakes water for agricultural purposes

in excess of an average of one hundred thousand gallons per day in any

consecutive thirty-day period shall annually register such withdrawal

with the department.

b. Each registration shall be on a form and contain such information

as may be prescribed by the department and consist of a statement of and

supporting documentation which shall include but not be limited to the

following:

(1) The place and source of the proposed or existing withdrawal;

(2) The location of any discharge or return flow;

(3) The location and nature of the proposed or existing water use;

(4) The actual or estimated average annual and monthly volumes and

rates of withdrawal; and

(5) The actual or estimated average annual and monthly volumes and

rates of water loss from the withdrawal.

c. In calculating the total amount of an existing or proposed

withdrawal for the purpose of determining the applicability of this

subdivision, a person shall combine all separate withdrawals which the

person makes or proposes to make, whether or not such withdrawals are

for a single agricultural purpose or are for related but separate

agricultural purposes.

d. Registrations shall be valid for a period of one year.

e. A registration may be transferred by submitting a notice of

transfer to the department prior to the date of a transfer or change of

ownership of a water withdrawal system associated with a registered

withdrawal.

f. The department may cooperate with state soil and water conservation

districts for the preparation and distribution of informational

materials to persons who withdraw water for agricultural purposes,

regarding the purposes, benefits and requirements of this section, and

which may also provide information on complying with the registration

program and on any general or applicable methods for calculating or

estimating water withdrawals or water loss.

4. Water withdrawal reporting.

a. Any person who withdraws water for agricultural purposes in excess

of an average of one hundred thousand gallons per day in any consecutive

thirty-day period shall annually report to the department. The report

shall be made on a form and contain such information as may be

prescribed by the department and shall be based on the water withdrawals

for the previous calendar year, and shall include but not be limited to:

(1) the water source, the location of the water source and the source

capacity if known;

(2) the amount of water withdrawn for the reporting period, including

the average or peak withdrawals for intervals specified by the

department;

(3) a description of the use of the water withdrawn; and

(4) estimated amounts of water to be returned, if any, the locations

of such returns and the method of such returns.

b. The following water withdrawals are exempt from the reporting

requirements of this subdivision:

(1) a withdrawal registered with the department under subdivision

three of this section;

(2) a withdrawal permitted pursuant to section 15-1501 of this title;

(3) a withdrawal reported to the department under any program that

requires the reporting of substantially similar data, including

withdrawals regulated by the Susquehanna River Basin Commission and the

Delaware River Basin Commission;

(4) a withdrawal permitted under section 15-1527 of this title;

(5) closed loop, standing column, or similar non-extractive geothermal

heat pumps; and

(6) reclaimed wastewater withdrawn for reuse.

5. Withdrawals of water for agricultural purposes registered or

reported to the department under the requirements of this section shall

be deemed to be in compliance with the requirements of title sixteen and

title thirty-three of this article, as applicable.