N.Y. Environmental Conservation Law 15-1505 – Interbasin diversions and water supply to other states
§ 15-1505. Interbasin diversions and water supply to other states.
Terms Used In N.Y. Environmental Conservation Law 15-1505
- Interbasin diversion: shall mean the transfer of water or wastewater from one New York major drainage basin to another drainage basin. See N.Y. Environmental Conservation Law 15-1502
- Person: shall mean any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity whatsoever. See N.Y. Environmental Conservation Law 15-1502
- Water withdrawal system: shall mean any equipment or infrastructure operated or maintained for the provision or withdrawal of water including, but not limited to, collection, pumping, treatment, transportation, transmission, storage, and distribution. See N.Y. Environmental Conservation Law 15-1502
- 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. No person shall transport or carry through pipes, conduits, ditches or canals the waters of any fresh water lake, pond, brook, river, stream, or creek in this state or any well, subsurface or percolating waters of this state into any other state for use therein without first obtaining a permit from the department pursuant to this title.
2. No person shall make a new or increased interbasin diversion which results in a diversion in excess of one million gallons per day, as determined by the limiting maximum capacity of the treatment or conveyance system, or construct facilities or equipment therefor, until such person has registered the diversion with the department. No later than February fifteenth, two thousand thirteen, all existing interbasin diversions in excess of one million gallons per day, as determined by the limiting maximum capacity of the treatment or conveyance system, shall be registered with the department.
3. Registration is not required for an interbasin diversion which is part of a water withdrawal system for which the department has issued a permit under this title, or which is operating pursuant to a duly authorized permit issued by the department or its predecessors.
4. Registration shall be renewed every year or whenever ownership of the facilities which create an interbasin diversion is transferred, whichever occurs first. Registration shall be made on forms prescribed by the department and shall contain all information requested by the department relative to the water withdrawal, use and discharge. Each person who is required under this section to register shall annually, on a form prescribed by the department, report all information requested by the department, including the amount of water diverted. Information on interbasin diversions shall be posted on the department's website.
5. No person shall make a new or increased interbasin diversion which results in a significant adverse impact on the water quantity of the source New York major drainage basin.
6. Diversions from the Great Lakes-St. Lawrence river basin are prohibited by the Great Lakes-St. Lawrence River Basin Water Resources Compact, as enacted in title ten of article twenty-one of this chapter. Limited exceptions for public water supply systems will only be considered when in compliance with that Compact.