N.Y. Environmental Conservation Law § 15-2317: Construction of reservoir on state-owned lands in a forest preserve

§ 15-2317. Construction of reservoir on state-owned lands in a forest

preserve.

If as a part of any project for the improvement of a district it is

necessary to construct a reservoir on any part of the forest preserve,

the department must, before making the final order, cause such lands to

be accurately surveyed and the boundaries of the lands needed and the

high flow line of the reservoir to be accurately fixed and thereafter,

after due notice, to hold a public hearing as to whether such lands are

required for such public use and, if so required, as to what will be a

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

of the state so used and the services of the state as to such lands if

such improvement is made. If it be determined that such lands are so

required, such determination must be incorporated in the final order

with a statement of the boundaries, the high flow line, the acreage and

the amounts to be paid to the state for the lands and services. Such

payments to the state and the cost of building such portions of the

reservoir as are on state forest preserve lands shall be apportioned

like other costs and expenses on the municipalities, other public

corporations and properties benefited to the extent of the benefits

received. If additional land is required it shall be acquired or taken

in the name of the state and the entire reservoir shall be the property

of the state, although paid for by the district and dedicated for the

purposes for which constructed. Such reservoir shall always be operated

by the department or other state authority for the benefit of the

district. The reasonable return to the state shall be fixed for terms

not exceeding ten years and may be changed at the beginning of any new

term. The high flow line of a reservoir as referred to in title 23 of

this article is hereby defined as the level of the water in the

reservoir when the greatest flood reasonably to be expected is passing

over the spillway of the dam with all outlet gates closed. Before any

such state lands are flooded, the timber shall be removed therefrom and

the construction thereof shall be approved by the Commissioner of Health

as not creating or tending to create any unsanitary condition.