N.Y. Navigation Law § 38: Lake George water levels

§ 38. Lake George water levels. Any dam or other similar structure so

located in the outlet of Lake George as to affect the water levels of

the lake shall, with due allowance for fluctuations due to natural

causes or to emergencies and for a reasonable use of water for power and

for sanitary purposes, be operated in such a manner as to maintain the

waters of the lake from the first day of June to the thirtieth day of

September in each year as nearly as may be at an average level of three

and five-tenths feet on the gage of the United States Geological Survey

at Rogers Rock on Lake George, known as Rogers Rock gage, and in such a

manner as to maintain the waters of the lake from the first day of

October to the first day of December at a level which shall not fall

below two and five-tenths feet on said gage; and, consistent with the

above mentioned fluctuations and reasonable use, the waste gates of any

such dam or other structure shall be operated so that, to the extent

possible, the waters of the lake will not be permitted to rise above a

level of four feet on such gage at any time during the year or to fall

below a level of two and five-tenths feet on said gage at any time after

the first day of June and prior to the first day of December in any

year. If at any time during the year the waters of the lake shall rise

above such level of four feet any person owning or operating such dam or

other structure shall immediately open the waste gates thereof and take

such other appropriate action as in the judgment of the water resources

commission may be necessary to lower the waters of the lake with the

least practicable delay to a level not higher than four feet of said

gage. If at any time after the first day of June and prior to the first

day of December in any year the waters of the lake shall fall below such

level of two and five-tenths feet such person shall immediately close

the waste gates of such dam or other structure; and no person shall

withdraw water from the lake for the purpose of generating power during

any period of time between the first day of June and the first day of

October in any year when the level of the waters of the lake is below

two and five-tenths feet on said gage. The water resources commission or

its duly authorized representative shall at all times have access to

such dam or other structure and is hereby authorized and directed to

operate the waste gates thereof whenever necessary for the purpose of

carrying out the provisions of this section. The water resources

commission shall establish such rules and regulations as in its judgment

may be necessary for the enforcement of the provisions of this section,

and it is hereby authorized to enter into such agreement or agreements

with any person or persons owning or operating any such dam or other

structure as in its judgment may be necessary in order to carry into

effect the provisions of this section and of such rules and regulations.

In addition, the water resources commission shall, once in each year

during the first week in July, cause to be published in at least three

daily newspapers serving the area the reading on the Rogers Rock gage on

the first day of July in that year. Any person violating any provision

of this section or of any rule or regulation established or of any

agreement entered into pursuant thereto shall for every such violation

forfeit to the people of the state the sum of not to exceed two hundred

fifty dollars to be recovered in a civil action.