N.Y. Environmental Conservation Law § 15-1705: Licenses; approval by the Governor

§ 15-1705. Licenses; approval by the Governor.

1. The department, subject to the provisions of title 17 of this

article, may upon application issue to any person or public corporation

heretofore or hereafter authorized to develop, use, furnish or sell

power in this state or to a municipality of the state having such

authority, a license authorizing the diversion and use for power or

other purposes of any of the waters of the state in which the state has

a proprietary right or interest, or the bed of which, or the real

property required for use of such waters or the right to develop water

power, is vested in the state; or of boundary waters of the state where

the state has jurisdiction over the diversion or interference with the

flow of the same solely or concurrently with any other jurisdiction or

owner of a proprietary right; or to any such applicant when the owner of

any water power site or sites which it uses or proposes to use for the

production, sale and distribution of heat, light or power to the public;

and subject to the property right of others including riparian rights,

authorizing the construction, maintenance and operation in, across or

along any of such lands and waters of such dams, reservoirs, diverting

canals or races, water conduits, power houses, transmission lines and

other project works as are deemed necessary or convenient for the

development, transmission and utilization of the developable power and

authorizing in connection therewith the use of dams or other structures

or contiguous or adjacent lands belonging to the state. When any water

power site or property necessary to the full development of such a site

is owned by the state, or water, the use of which is dependent upon the

consent of the state, is not, in the opinion of the department suitable

or necessary for the development of power for public use, a license may

be issued to a person or public corporation for private use under like

conditions and with the same restrictions.

2. Whenever the use of water or the erection of structures under a

license may affect the navigable waters over which the United States

shall have lawfully assumed jurisdiction for purposes of navigation,

such license shall not be issued until the plans for such use and

structures have been submitted to and approved by the federal

authorities as required by law and any licenses shall be at all times

subject to the lawful exercise of such jurisdiction over the waters

affected by the license for the purposes of navigation.

3. Whenever canal lands, structures or surplus canal or canal feeder

waters are covered by the license, the license shall not issue unless

the Commissioner of Transportation certifies to the department in

writing that the same are not necessary for the navigation or operation

of the canals and shall not become effective until endorsed with his

approval. Any licensee in the use of such license, structures or water

shall be at all times subject to such reasonable rules and regulations

as the Commissioner of Transportation shall from time to time prescribe

so that the use thereof by the licensee shall not impair the efficiency

of the canals and such use shall at all times be subordinate to the

needs of the canals.

4. Notwithstanding any provision of title 17 of this article, no

license issued by the department pursuant to the provisions of title 17

of this article shall be effective unless and until it is approved in

writing by the Governor and such approval is signed by him and affixed

thereto; and notwithstanding any provision of title 17 of this article a

modification of such license shall not be effective until approved by

the Governor in like manner.