N.Y. Highway Law § 66: Replacement water sources

§ 66. Replacement water sources. If the commissioner determines that a

highway project or highway maintenance activity of the department has

significantly changed or rendered unusable a private water supply

system, the commissioner is authorized, upon the consent of the owner

thereof, to provide, or participate in the provision of, a replacement

source or supply of water or a modification of the system affected. The

commissioner is authorized to use the forces of the department and

contractors under contract with the department, and is authorized to

enter into contracts or agreements for the purposes of this section. In

any claims against the state, actions undertaken by the commissioner

pursuant to this section shall be considered in reducing damages

incurred by affected individuals. The commissioner, with the consent of

the owner, is authorized to conduct testing and other investigation to

ascertain whether a highway project or highway maintenance activity of

the department may have adversely impacted a private water supply

system. Nothing in this section shall be construed to require any action

on behalf of the department and the authority conferred herein shall be

exercised, and any related determinations of the commissioner shall be

made, in the discretion of the commissioner or commissioner's designee.

The department shall not enter private property pursuant to this section

without the consent of the owner of such property. Nothing contained in

this section shall be construed to relieve the department from any

requirements that would otherwise apply pursuant to article eight of the

environmental conservation law.