N.Y. Environmental Conservation Law 15-1113 – Existing rights and remedies preserved; limitations
§ 15-1113. Existing rights and remedies preserved; limitations.
Terms Used In N.Y. Environmental Conservation Law 15-1113
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, firm, co-partnership, association or corporation other than the state and a "public corporation. See N.Y. Environmental Conservation Law 15-0107
- Public corporation: means "public corporation" as defined in subdivision one of § 3 of the General Corporation Law and includes all public authorities, except the Power Authority of the State of New York. See N.Y. Environmental Conservation Law 15-0107
- Waters: shall be construed to include lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial limits of the state of New York, and all other bodies of surface or underground water, natural or artificial, inland or coastal, fresh or salt, public or private, which are wholly or partially within or bordering the state or within its jurisdiction. See N.Y. Environmental Conservation Law 15-0107
1. Nothing in title 11 of this article is intended to or shall be construed to alter, impair, diminish or enlarge any existing or hereafter acquired public or private right, riparian or otherwise, or to create any new public or private right, riparian or otherwise, with reference to water resources and the use of the waters thereof and such rights hereby preserved shall include, but not be limited to any such right of the state or any agency thereof or any person or public corporation. Any reference in this section to a public or private right with reference to water resources and the use of the waters thereof shall include, but shall not be limited to, any right to receive, collect, store, control, transmit, consume, supply, sell, discharge or dispose of water, any right to own, construct, operate and maintain any water supply or water treatment facilities, including reservoirs, dams, aqueducts, chlorinating and aeration plants and pumping stations, and any right to exercise control over the level, flow, discharge or disposition of waters, including water in reservoirs, rivers, streams and aqueducts.
2. Nothing in title 11 of this article is intended to alter or abridge any right of action or other remedy now or hereafter existing nor shall any act done by virtue of title 11 of this article be construed as estopping the exercise of such rights.
3. Nothing in title 11 of this article shall be held to repeal, limit or modify the jurisdiction, powers and duties of any state or local department, board, district, commission or authority, or any public corporation, or other agency, now or hereafter possessed, or to invalidate or modify, in whole or in part, any decision, order, license, permit, approval, or other act, issued or taken heretofore or hereafter by such department, board, district, commission, authority, or public corporation or other agency, or to nullify, abate or otherwise affect any rights acquired or action taken heretofore or hereafter pursuant to such decision, order, license, permit, approval, or other act.
4. Nothing in title 11 of this article shall be construed as requiring that a plan hereunder be approved for any region before any project utilizing, affecting or involving the water resources of such region in whole or in part may be authorized, approved, initiated or carried out within or without such region.