New York Environmental Conservation Law Title 17 - WATER POWER

• 15-1701 - Reservation of State Control.
  Where any person takes, diverts, appropriates, or otherwise uses, whether by virtue of the provisions of title 17 of this article or otherwise, the waters...
• 15-1703 - Definitions.
  When used in title 17 of this article unless otherwise expressly stated or unless the context or subject matter otherwise requires: 1. "Licensee" means a...
• 15-1705 - Licenses; Approval by the Governor.
  1. The department, subject to the provisions of title 17 of this article, may upon application issue to any person or public corporation heretofore or...
• 15-1707 - Procedure on Application for License.
  1. Each applicant for a license shall submit to the department a written verified application in such form as the department may prescribe and containing...
• 15-1709 - Preliminary Permits.
  1. The department may issue preliminary permits for the purpose of enabling applicants for a license hereunder to secure the data and to perform the...
• 15-1711 - Provisions and Conditions of Licenses; Payment to State Treasury of Moneys Received Under This Title.
  1. The term of the license shall not exceed fifty years from its date. 2. The licensee shall agree to accept and abide by the...
• 15-1713 - Waters Impounded by Dams Constructed for Power Purposes Impressed With a Public Interest.
  The waters impounded by any dam hereafter constructed for power purposes on any stream or waterway in the state, shall be impressed with a public...
• 15-1715 - Licenses and the Protection of Navigation.
  Before granting any license, the department shall inquire and determine to its own satisfaction that the exercise of the privilege conferred will not impair or...
• 15-1717 - Provisions for the Revision and Readjustment of Rent in Licenses.
  1. The annual charge or rental fixed by the department shall continue for the period of the license, unless the license provides for a readjustment...
• 15-1719 - Equitable Rental for Niagara River Water.
  The department shall have the power to fix and determine, after a hearing held upon notice to the parties interested, the amount of an equitable...
• 15-1721 - Reservation in the License; State Control of Rates and Use and Distribution of Power.
  1. Every license issued pursuant to title 17 of this article for a project shall contain a provision expressly reserving to the state the right...
• 15-1723 - Contribution to the Cost of Headwater Improvement.
  Licensees and persons exercising rights conferred by title 17 of this article shall be liable for any payments or charges resulting from the improvement of...
• 15-1725 - Prosecution of Project Works.
  1. The licensee shall commence the construction of the project works within the time fixed therefor in the license. He shall thereafter in good faith...
• 15-1727 - Maintenance of Project Works.
  1. The licensee shall at all times maintain the project works in good repair and in efficient working order; shall promptly make all necessary renewals...
• 15-1729 - Eminent Domain.
  Real property may be acquired pursuant to title 17 of this article under an exercise of the right of eminent domain in the following cases:...
• 15-1731 - Eminent Domain; Transmission Lines.
  Any corporation authorized to do business in this state and engaged in the production, sale and distribution of heat, light or power to the public...
• 15-1733 - Use of Land Occupied by a Public Highway.
  1. Whenever, in order to complete any project as provided by title 17 of this article, it becomes necessary to use lands occupied by a...
• 15-1735 - Contracts Extending Beyond License Period.
  1. Whenever the public interest requires or justifies the execution by a licensee whose license covers any state property, or who uses water that cannot...
• 15-1737 - Transfer of License Restricted.
  No voluntary sale, assignment, or transfer of any license or of the rights thereby granted shall be made without the written approval of the department;...
• 15-1739 - Revocation of License.
  1. The department may by resolution terminate and revoke any license, issued pursuant to the provisions of title 17 of this article for the following...
• 15-1741 - Re-Entry At Expiration of the License Period.
  1. Upon the expiration of the original license period any and all interest of the licensee in and to state property which is covered by...
• 15-1743 - Renewal and Extension of Licenses.
  The department may renew an expiring license to the same licensee on the same or different terms, or may renew the privilege from year to...
• 15-1745 - Prohibited Diversions.
  1. Unless a license has been obtained therefor under this title, or the diversion of such waters is subject to the charging or imposition of...
• 15-1747 - False Entries, Statements or Reports.
  No person shall for the purpose of deceiving, make or cause to be made any false entry in the books of accounts of a licensee,...
• 15-1749 - Previous Grantees Not to Divert Waters Without a License.
  A person or corporation, other than a municipal corporation, claiming or purporting to have, or to have had, by general or special act or other...
• 15-1751 - Right to Amend and Repeal Reserved.
  The right to alter, amend or repeal title 17 of this article is expressly reserved, but substantial rights acquired pursuant to title 17 of this...

Last modified: February 3, 2019