N.Y. Environmental Conservation Law § 15-3303: Land acquisition projects for source water protection

§ 15-3303. Land acquisition projects for source water protection.

1. The commissioner is authorized to provide state assistance to

municipalities, not-for-profit corporations and soil and water

conservation districts to undertake land acquisition projects for source

water protection, in cooperation with willing sellers. Land acquisition

projects for source water protection shall support, expand or enhance

drinking water quality protection, including but not limited to

aquifers, watersheds, reservoirs, lakes, rivers and streams.

2. a. Any buffer encumbered by a conservation easement acquired

pursuant to this section that encumbers lands used in agricultural

production as defined in section three hundred one of the agriculture

and markets law in a county designated state certified agricultural

district created under section three hundred three of the agriculture

and markets law may allow agricultural activity that qualifies such

lands, provided such activity on such lands does not impair drinking

water and complies with an agricultural environmental management program

plan developed by the state soil and water conservation committee, in

partnership with the department.

b. Notwithstanding any limitations provided herein on lands acquired

pursuant to this title a license or easement may be granted by the owner

of such property to a public utility for a public purpose.

3. In evaluating land acquisition projects for source water protection

pursuant to this section, the department shall give priority to projects

which protect or recharge drinking water sources and watersheds

including riparian buffers and wetlands.

4. a. No state assistance may be provided pursuant to this section to

fund any land acquisition project which is undertaken by eminent domain

unless such process is undertaken with a willing seller.

b. The department shall not provide funding pursuant to this title for

any land acquisition project for source water protection by a

not-for-profit corporation, if any town, village or city within which

such a project is located, by resolution, within ninety days of

notification by such corporation of its interest in acquiring such

projects, objects to such acquisition.

5. Consistent with section eleven-b of the soil and water conservation

districts law, the soil and water conservation committee in consultation

with the commissioner of agriculture and markets is authorized to

provide state assistance payments to county soil and water conservation

districts, within amounts appropriated, for land acquisition projects

for source water protection projects to support, expand or enhance

drinking water quality protection, including but not limited to

aquifers, watersheds, reservoirs, lakes, rivers and streams. Such

committee shall give priority to projects which establish buffers from

waters which serves as or are tributaries to drinking water supplies for

such projects using state assistance pursuant to this section.

6. Real property acquired, developed, improved, restored or

rehabilitated by or through a municipality, county soil and water

conservation district or not-for-profit corporation with funds made

available pursuant to this title shall not be sold, leased, exchanged,

donated or otherwise disposed of or used for other than the public

purposes of this title without the express authority of an act of the

legislature, which shall provide for the substitution of other lands of

equal environmental value and fair market value and reasonably

equivalent usefulness and location to those to be discontinued, sold or

disposed of, and such other requirements as shall be approved by the

commissioner.

7. If the state acquires a real property interest in land purchased by

a municipality or not-for-profit with funds made available pursuant to

this title, the state shall pay the fair market value of such interest

less the amount of funding provided by the state pursuant to this

section.

8. To the fullest extent practicable, it is the policy of the state to

promote an equitable regional distribution of funds, consistent with the

purpose of this section.