N.Y. Public Lands Law § 92-a: Waste of mineral waters

§ 92-a. Waste of mineral waters. 1. The waste of that class of

mineral waters holding in solution natural mineral salts and an excess

of carbonic acid gas is hereby declared to be unlawful.

2. Waste defined. The permitting of the flow or escape of that class

of mineral waters defined in section ninety of this article shall be

deemed a waste thereof, unless such flow shall be necessary to the care,

protection or preservation of the spring or well, or for the purpose of

the actual use of the owner or occupant of the land or others with his

consent, including the sale or commercial use of the waters or gases

flowing therefrom. The permitting of such flow, except for the immediate

use or sale of such waters or gases or the immediate service to the

public, for a longer period than twenty-four hours in any one month,

shall be presumptive evidence of the waste thereof, unless authorized by

the commissioner of parks and recreation as provided in section

ninety-two-b of this article.