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Part 604: Applications For Approval Of Formation Of County Water Authorities

(statutory authority: Conservation Law, § 522; L. 1934, ch. 847)

[page 1 of 1]

Historical Note

Part (§§ 604.1-604.8) added by renum. former Part 324; repealed, new filed April 28, 1972 eff. May 1, 1972.

Contents:

Sec.

§604.1 Applicability of other rules

Rules and regulations governing water supply applications(see Parts 601 and 602 of this Title) shall apply in s ofar as they are suitable.

Historical Note

VSec. added by renum. former 324.1; repealed, new filed April 28, 1972 eff. May 1, 1972.

§604.2 Form of application

Application must be made by written petition which shall be addressed to the Water Power and Control Commission, Albany, N. Y., and shall be signed in the name of the board of supervisors by an officer acting by authority of such board and shall be verified by such officer.

Historical Note

Sec. added by renum. former 324.2; repealed, new filed April 28, 1972 eff. May 1,1972.

§604.3 Contents of petition

The petition must contain the following:

(a) recitation that supervisors have authorized petition and the signature there of,with dates;

(b) brief statement of argument sin favor of formation of authority;

(c) reques that commission give the consent required by chapter 847 of the Laws of 1934.

Historical Note

Sec.added by renum. former 324.3; repealed, new filed April 28, 1972 eff. May 1, 1972.

§604.4 Exhibits

Certified copies of all resolutions and orders of the board of supervisors bearing on the matter must be appended as exhibits; attention together with any pertinent maps, reports or, papers which the board desires to call to the commission.

Historical Note

Sec.added by renum. former 324.4; repealed, new filed April 28, 1972 eff. May 1, 1972.

§604.5 Notice of hearing

The commission will hold a public hearing on such petition. A notice giving the time and place for such hearing will be prepared by the commission and forwarded to the clerk of the board of supervisors with a list of papers in which it is to be published and a statement of the times of publication. Proofs of such publication and receipted bills there for will be required to be filed at the hearing.

Historical Note

Sec.added by renum. former 324.5;repealed.newfiled April 28, 1972eff. May 1, 1972.

§604.6 Hearing

At the hearing all interested parties may be heard, whether in favor of or in opposition to the matter. The prior filing of objections is not obligatory. The sworn testimony of witnesses in support of the contentions of petitioner must be given and such testimony in opposition will be received. A stenographic transcript of all testimony will be required. Unsworn statements may be made, but the speakers shall be asked to file briefs embodying their statements and arguments.

Historical Note

Sec. added by renum. former 324.6; repealed, new filed April 28, 1972 eff. May 1,1972.

§604.7 Cost of proceedings

The cost of the hearing is to be borne by the petitioner, who will be required to furnish a suitable place for the hearing, publish and pay for the publication of the notices, arrange for the services of a competent recording stenographer and pay for such services. Two copies of the stenographic minutes shall be furnished the commission.

Historical Note

Sec.added by renum. former 324.7; repealed, new filed Apri12 8, 1972 eff. May 1, 1972.

§604.8 Decision of commission

The determination and decision of the commission shall be in writing and in form similar to that used for water supply applications. The original shall be filed in the office of the commission and certified copies forwarded to the applicant.

Historical Note

Sec. added by renum. former 324.8; repealed. new filed April 28, 1972 eff. May 1,1972.