New York Environmental Conservation Code § 15-2119

Procedure for construction of reservoirs
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§ 15-2119. Procedure for construction of reservoirs.\n  1. Preliminary plans, specifications, maps, statements and estimates\nare required as follows:\n  a. If the board shall determine as a part of the official plan or\nbefore the official plan has been prepared that the public interest or\nwelfare requires that a reservoir should be constructed for the\nregulation of the flow of a river or rivers, stream or streams of the\ndistrict, it shall cause to be prepared preliminary plans and\nspecifications of such reservoir with estimates of the total cost\nthereof together with a survey of the lands upon which the same is to be\nconstructed, giving the location thereof, and of all lands to be taken,\nflowed or damaged, with a description by survey or otherwise, showing\nthe amount of lands belonging to the state and to persons or public\ncorporations and the amount of lands of the state in the forest preserve\naffected thereby.\n  b. The board shall also cause a map to be made, showing all such\nlands, the number of acres in each separate tract, the names of the\nowners and occupants thereof, so far as the board can ascertain the\nsame. Such maps shall also show the high flow lines of the proposed\nreservoir.\n  c. The board shall also prepare a statement of the amount of water\npower, if any, which consistent with the proper regulation of the flow\nof the river or stream may be developed at or by reason of such\nreservoir by the withdrawal of water for power purposes directly\ntherefrom with an estimate of the value thereof. The board shall also\nprepare a statement showing generally the public corporations and\nlocality of lands to be benefited by the improvement and how and whether\nthe state will be benefited thereby and the public necessity for the\nimprovement.\n  d. In the event that any of the real estate required for such\nreservoir shall belong to the state, the value thereof shall be\ndetermined in the estimates, as hereinbefore provided, and in the event\nthat such land is outside the forest preserve and the state is\nchargeable with any proportion of the expenses, such value shall be\ndeducted from the amount to be paid by it, and shall be chargeable as a\npart of the expenses of the improvement.\n  e. When the board shall have completed such preliminary plans, maps,\nspecifications, estimates and statements, it shall certify the same with\nits approval thereof to the department, which shall have power after\nhearing the board, to modify such maps, plans, specifications, estimates\nand statements, or any of them, and within forty days after the receipt\nthereof shall approve the same as certified to or modified by it, and\nshall certify the same as approved by it to the board. The board shall\nthereupon cause the preliminary plans, maps, specifications, estimates\nand statements so approved to be filed in the office of the county clerk\nof each county having lands within such district, and in the office of\nthe department.\n  2. Upon the completion and filing of such preliminary plans, maps,\nspecifications, estimates and statements, as aforesaid, the board shall\nforthwith give notice of such filing as provided in subdivision 1 of\nsection 15-0903, and shall hold a hearing thereon in the manner set\nforth in section 15-0903.\n  3. Upon the completion of such hearing the board shall determine\nwhether the public welfare requires that such proposed improvement\nshould be proceeded with, and what, if any, modification should be made\nin such plans, maps, specifications, estimates and statements.  If the\nboard shall determine that such maps and plans, specifications,\nestimates and statements should be modified in any respect, it shall\ncertify its proposed modifications to the department, which after\nhearing, the board shall determine what, if any, modifications should be\nmade therein, and as modified by them shall approve the same and certify\nthe same with their approval to the board, which modified plans, maps,\ns

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