N.Y. Environmental Conservation Law § 15-1745: Prohibited diversions

§ 15-1745. Prohibited diversions.

1. Unless a license has been obtained therefor under this title, or

the diversion of such waters is subject to the charging or imposition of

an equitable rental under this title, it shall be unlawful for any

person or public corporation who has been notified by the department to

desist from such conduct, to willfully take, divert, draw or make use

of, for power and/or other commercial or manufacturing purposes:

a. waters, or the bed or other real property required for the use of

such waters, in which the state has a proprietary right or interest;

b. boundary waters of the state concerning which the state has

jurisdiction over the diversion or interference with the flow of the

same for power purposes, solely or concurrently with any other

jurisdiction or owner of a proprietary right.

2. The use of such water, except when the right to the use thereof has

been acquired by means of a written license issued pursuant to the

provisions of title 17 of this article, or when the diversion of such

water is subject to the charging or imposition of an equitable rental

pursuant to the provisions of subdivision 1 of section 15-1719 of this

article, shall be prima facie evidence of the wilfulness of the taking,

drawing, diversion or use thereof and of the guilt of the person taking,

diverting or making use thereof.