N.Y. Environmental Conservation Law § 15-2133: Operation of reservoirs

§ 15-2133. Operation of reservoirs.

1. The board shall not permit the water in any reservoir constructed

under the provisions of title 21 of this article to rise above the high

flow line thereof, except during floods or other emergencies, and if

during floods or other emergencies the water shall rise above such high

flow line the board shall immediately open the outlet gates in such

reservoir and take such other action as may be necessary to lower the

water to the high flow line of such reservoir with the least practicable

delay. The board shall keep an accurate and, so far as practicable,

continuous record of the height of water in each reservoir and shall

install and maintain at suitable places such gauges or instruments as

may be necessary therefor.

2. Except for absolutely necessary inspection or repairs, no reservoir

shall at any time be drawn off below the low flow line, or to such

extent as to expose isolated pools which may cause unsanitary

conditions, unless due provision is made for draining such pools into

the lowest water level of such reservoir. It shall be unlawful for any

officer or person in charge of any reservoir to neglect the provisions

of this section.

3. It shall be unlawful for any person to open or close or cause to be

opened or closed a gate or gates in any dam constructed pursuant to the

provisions of this title without the consent of the board or for any

person to interfere in any way with the operation of, or injure a

regulating reservoir.

4. When the flow of a river at any water power plant thereon falls

below the average normal flow thereof, the then natural flow of the

river at a reservoir dam thereon shall not be restricted without the

consent of the owner of such power plant.

5. No regulating reservoir shall be constructed pursuant to the

provisions of title 21 of this article of a capacity greater than is

required to maintain the average flow.

6. The expense of maintenance and operation of any existing reservoirs

shall be paid as now provided by law until such reservoirs are taken

over by the board pursuant to the provisions of title 21 of this

article, and thereafter such expense shall be paid as herein provided

for the maintenance and operation of reservoirs constructed pursuant to

title 21 of this article.