N.Y. Environmental Conservation Law § 15-1505: Interbasin diversions and water supply to other states

§ 15-1505. Interbasin diversions and water supply to other states.

1. No person shall transport or carry through pipes, conduits, ditches

or canals the waters of any fresh water lake, pond, brook, river,

stream, or creek in this state or any well, subsurface or percolating

waters of this state into any other state for use therein without first

obtaining a permit from the department pursuant to this title.

2. No person shall make a new or increased interbasin diversion which

results in a diversion in excess of one million gallons per day, as

determined by the limiting maximum capacity of the treatment or

conveyance system, or construct facilities or equipment therefor, until

such person has registered the diversion with the department. No later

than February fifteenth, two thousand thirteen, all existing interbasin

diversions in excess of one million gallons per day, as determined by

the limiting maximum capacity of the treatment or conveyance system,

shall be registered with the department.

3. Registration is not required for an interbasin diversion which is

part of a water withdrawal system for which the department has issued a

permit under this title, or which is operating pursuant to a duly

authorized permit issued by the department or its predecessors.

4. Registration shall be renewed every year or whenever ownership of

the facilities which create an interbasin diversion is transferred,

whichever occurs first. Registration shall be made on forms prescribed

by the department and shall contain all information requested by the

department relative to the water withdrawal, use and discharge. Each

person who is required under this section to register shall annually, on

a form prescribed by the department, report all information requested by

the department, including the amount of water diverted. Information on

interbasin diversions shall be posted on the department's website.

5. No person shall make a new or increased interbasin diversion which

results in a significant adverse impact on the water quantity of the

source New York major drainage basin.

6. Diversions from the Great Lakes-St. Lawrence river basin are

prohibited by the Great Lakes-St. Lawrence River Basin Water Resources

Compact, as enacted in title ten of article twenty-one of this chapter.

Limited exceptions for public water supply systems will only be

considered when in compliance with that Compact.