N.Y. Environmental Conservation Law § 15-2125: Operation and maintenance charges

§ 15-2125. Operation and maintenance charges.

1. The board shall make an estimate of an amount sufficient to pay the

expense of the maintenance and operation of the works erected hereunder,

including interest on temporary certificates of indebtedness issued

prior to the effective date of the Local Finance Law. If lands in the

forest preserve have been used, such estimate shall include in addition

a reasonable return to the state upon the value of the rights and

property of the state used and the services of the state rendered. A

reasonable return to the state upon the value of the rights and property

of the state used shall mean six per cent upon the value of the lands

flowed, exclusive of merchantable timber and salable wood removed

therefrom for which the state shall have been paid as provided by

subdivision 8 of section 15-2119 hereof. The value of the services of

the state rendered shall be construed to mean the actual cost thereof.

2. Any amount so estimated shall be the estimated amount required for

such purposes each year, and when fixed and determined as herein

provided shall be the amount thereof for a period of three years. The

amount shall be readjustable at the end of any three-year term. The

amount less any part thereof to be paid by the state shall be the amount

to be annually collected for such purposes, and shall be apportioned

upon the public corporations and real estate benefited according to the

benefits derived therefrom respectively, and shall be levied, assessed

and collected in the same manner as the cost and expenses of the

reservoir are herein provided to be levied, assessed and collected.

3. Such estimates and determinations as from time to time fixed and

determined by the board may upon application of any party affected

thereby be reviewed in the manner provided by article seventy-eight of

the Civil Practice Law and Rules by the Supreme Court of the judicial

district in which the reservoir is located. Upon the hearing on such

application for review, the court shall take the testimony and other

proofs of the parties and may make an order affirming, vacating or

modifying any such estimate and determination.