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Part 605: Applications For Diversion Or Use Of Water For Purposes Other Than Hydro-Electric Power Projects

(Statutory authority: Conservation law. §614 [subd. 14])

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§605.1 Application of rules

These rules shall apply to all applications for a license or a permit to take, divert, appropriate or otherwise use the waters of the State, pursuant to article XIV of the Conservation Law, except applications for hydro-electric power projects.

§605.2 Application for license

(a) The application shall be in writing in the from of a verified petition setting forth:

(1) the location and nature of applicant's business;

(2) the purposes for which it is desired to divert or use the water and the amount in gallons thereof measured by daily diversion or use;

(3) the source of supply, including data on the annual average maximum and minimum flow of the stream;

(4) the advantages to be derived by use of the water;

(5) the effect, if any, such use will have on the quality of the water;

(6) the amount of loss, if any, in the quantity of water before discharge;

(7) the name or names of the owners of the upland at the point of diversion and the point of discharge, and the names of any owners of upland fronting on the watercourse and intervening between such points, to the best knowledge of the applicant;

(8) the period of time for which the license is sought;

(9) any information as to pollution, sedimentation or other pertinent facts or data which will be helpful to the commission in studying the matter.

(b) There shall be filed with the application a copy of the plans and specifications of the proposed project and an undertaking in an amount to be fixed by the commission, guaranteeing the payment of the expenses of the investigation. hearing and determination.

(c) The application and one copy thereof shall be filed in the offices of the commission in the City of Albany, New York. The original application shall remain on file in said office. Additional copies shall be filed, if required by the commission.

§605.3 Investigation by commission

Upon receipt of the application the commission shall cause an investigation to be made by its executive engineer or other engineers or other competent persons in its employ, or in the employ of other departments of the State, of the matters set forth in the petition, including the plans and specifications. A copy of the application shall be submitted by the commission to the Superinten- dent of Public Works for his approval, disapproval or other recommendations. Upon completion of such investigation, the person conducting the same shall make a report in writing to the commission recommending either his approval of the project as submitted or with modifications, or his disapproval.

§605.4 Action by commission

Upon receipt of this report the commission shall give approval to the project, as submitted or as modified, or it shall disapprove the s~e, and shall, in the case of approval, fix a fair annual rental value or other charge. The commission shall not grant its approval of any project for the diversion or use of canal waters which does not have the prior approval of the Superintendent of Public Works.

§605.5 Notice of actionably commission

(a) Notice of the action taken by the commission shall be given to the applicant by mail.

(b) In the event the commission decides that the application should be disapproved, the notice of its action shall specify the grounds upon which such action is based and shall advise the applicant that at a certain hour on a day specified therein, the commission will conduct a hearing at its offices in Albany, at which time and place the applicant may appear and present proof in support of his or its application. If, at the conclusion of such hearing and after considering such proof, the commission determines that it should give preliminary approval of the application as submitted or as modified, the proceedings shall continue as if such preliminary approval had been given in the first instance.

(c) In the event of approval of the project, as submitted or as modified, such notice shall specify the terms and conditions, including the amount of rental or other charge, under which a license will issue. Not later than 30 days after the mailing of said notice, the applicant shall advise the commission in writing that he or it accepts and agrees to such terms and conditions, and shall request the commission to issue a license in accordance therewith. The commission may, in a proper case, extend such time. Failure to so advise the commission within the time specified, or as extended, shall constitute a withdrawal of the application.

§605.6 License

Upon receipt of such acceptance and request, the commission shall issue a license signed, in duplicate, by its chairman. The license shall be in such form as the commission shall prescribe and shall be in conformity with the commission's determination. No license shall be of any force and effect unless and until the Governor's approval has been endorsed there on.

§605.7 Expense of hearing

The expense of the investigation and of the hearing, if held, will be certified by the commission under its official seal to the applicant and shall be paid by the said applicant within 30 days thereafter, upon the certificate of the commission, to the persons entitled thereto.

§605.8 Stenographic minutes

If in the opinion of the commission it is necessary to have stenographic minutes of a hearing, the commission will employ a recording stenographer for that purpose. Two copies of these minutes will be delivered to the commission, but will be billed to the applicant. Should the applicant desire copies of these minutes the stenographer will furnish them at such price as may be arranged between him and those desiring them.

§605.9 Application for permit

In cases where it deems such action appropriate, the commission may in lieu of a license issue annual permits. Application for such a permit shall be in writing, addressed to the commission at its office in Albany, New York, and shall state the location of the property and the nature of the business of the applicant, the source of supply, the purpose for which the water is to be used, the maximum daily amount of water to be diverted or used, the size of the intake pipe and the capacity of any pump or pumps to be utilized.

§605.10 The permit.

The permit shall be in the form prescribed by the commission and shall issue for a period of one year, subject, however, to prior termination by the commission if found necessary, and upon payment in advance of an annual fee as fixed by the commission. No permit for the diversion or use of canal waters shall issue without the consent of the Commissioner of Transportation.