N.Y. Environmental Conservation Law § 21-1009: Grievances

§ 21-1009. Grievances.

1. For the purposes of section 7.3 of the Compact, a person shall be

aggrieved only when they have exhausted all rights and remedies afforded

pursuant to article seventy-eight of the civil practice law and rules

and:

a. there is interference with a present use of the water by the

complaining person or an interference with the complaining person's

present enjoyment of riparian land occurring prior to suit, or which

will immediately occur when the withdrawal complained of is begun;

b. a decrease in the market value of the complaining person's interest

in riparian land occurring prior to suit or which will immediately occur

when the withdrawal complained of is begun, regardless of whether his or

her use of the water or enjoyment of riparian land was interfered with

prior to suit, or will be immediately interfered with when the

withdrawal complained of is begun; or

c. the complaining person is an applicant, and the complaining

person's application is denied or modified in whole or in part.

2. Nothing contained in this section shall, however, be construed as

depriving any person of any remedy either at law or in equity, which he

or she now has, or may hereafter acquire, under the laws of this state.