N.Y. Environmental Conservation Law § 15-1509: Approval of plans for forest preserve reservoir projects; petition; proceedings

§ 15-1509. Approval of plans for forest preserve reservoir projects;

petition; proceedings.

1. Any publicly owned water supply project involving the construction

of a reservoir on forest preserve lands must be submitted for approval

to the department as provided in sections 15-1501 and 15-1503 of this

article, and the procedure on such an application shall be as therein

set forth except as to the additional requirements and further procedure

required by this section.

2. The petition for approval of such a project must state that it is

desired to construct a reservoir on state owned forest preserve lands,

giving a description of the location and extent of the lands to be

occupied or flooded, and shall be accompanied by a map, based on

accurate surveys, showing the boundaries of such land and the high flow

line of the water to be impounded thereon. The public notices of the

hearing shall state that the reservoir proposed to be constructed is on

state owned lands within the forest preserve.

3. In addition to the findings required by section 15-1503 of this

article, the department in such cases shall also determine whether the

needs of the applicant for water are such as require the proposed public

use of the land involved, whether the constitutional limitation as to

the amount of such land that can be used for reservoir purposes will not

be exceeded, and whether the plans are such that unsanitary conditions

will not be created by the proposed project.

4. If the application is approved, the department shall apportion all

the expenses of the proposed project upon the municipalities which it

may find to be benefited thereby, to the extent of the benefits

received; it shall also fix the amount to be paid to the state by the

municipalities benefited. Such amount to be paid to the state is to be

computed as follows:

a. The value of the state owned timber and other forest products to be

removed during the construction of the project, such amounts to be due

on the cutting of such timber or other products. Such material shall

become the property of the applicant on the payment of such amount to

the state. The department may direct that the amount due be paid in one

lump sum or may permit partial payments to be made in such amounts and

at such times as may be specified.

b. A charge of six per centum per annum on the value of the state

owned lands and rights used, unimproved and bare of timber. This value

shall be determined by the department and be redetermined by it at

intervals of ten years from the date of approval of the application. The

amount of this charge for any year shall be due and payable on the first

day of January of the succeeding year and shall be computed from the day

of the actual entry of the applicant or the department on the state

owned land for the purpose of beginning the clearing or the construction

work.

c. An annual charge, to be determined, redetermined and payable as

provided in paragraph b above, as a reasonable return to the state for

its services rendered.

5. A statement of all these matters shall be included in the decision

of the department approving the application.