State Codes and Statutes

Statutes > New-york > Env > Article-15 > Title-16 > 15-1605

§ 15-1605. Registration of water withdrawals.    1.  Except  as provided in subdivision five of this section, no person  shall begin, on or after the effective date of this title, a  withdrawal  of Great Lakes water that will average in excess of one hundred thousand  gallons  per  day  in  any  consecutive  thirty-day period without first  registering the  proposed  withdrawal  with  the  department.    Persons  withdrawing  water  for  agricultural purposes, except those withdrawals  subject to the provisions of section 15-1607 or 15-1613 of  this  title,  shall  register  their  water  use  with  the  department  if the actual  withdrawal averaged in excess of one hundred thousand gallons per day in  any consecutive thirty day period.    2. Except as provided in subdivision five of this section, all persons  withdrawing in excess of an average of one hundred thousand gallons  per  day  in  any  consecutive  thirty-day period as of the effective date of  this title shall, within one year of the effective date of  this  title,  register such withdrawal with the department.    3.  a.  Each registration under subdivision one or two of this section  shall consist of a statement of and supporting documentation which shall  include the following:    (1) The place and source of the proposed or existing withdrawal;    (2) The location of any discharge or return flow;    (3) The location and nature of the proposed or existing water use;    (4) The actual or estimated average annual  and  monthly  volumes  and  rates of withdrawal; and    (5)  The  actual  or  estimated average annual and monthly volumes and  rates of water loss from the withdrawal.    b. Each registration under subdivision one  or  two  of  this  section  concerning  a  withdrawal  that will result in a water loss averaging in  excess of two million gallons per day  in  any  consecutive  thirty  day  period  shall  also  provide a statement of and supporting documentation  which shall include the following:    (1) The operating capacity of the withdrawal system identified in  the  registration;    (2)  If  the registration includes a proposed withdrawal increase, the  total new or increased operating capacity of the withdrawal system;    (3) The estimated average annual and monthly  rates  of  discharge  or  return flow;    (4)  A  list  of  all  federal,  state,  and local approvals, permits,  licenses and other authorizations required for the existing or  proposed  withdrawal.    4.  In  calculating  the  total  amount  of  an  existing  or proposed  withdrawal  for  the  purpose  of  determining  the   applicability   of  subdivision  one  or  two  of  this  section, a person shall combine all  separate withdrawals which the person makes or proposes to make, whether  or not such withdrawals are for a single purpose or are for related  but  separate purposes.    5. Registration is not required for:    a. A person holding a permit under title eight of article seventeen of  this  chapter or the Federal Water Pollution Control Act, as amended, 33  USC §§ 1251 et seq., if the department  has  established  a  water  loss  coefficient,  based  on  flow  diagrams  and other water use information  provided by the permittee, that the department  uses  to  calculate  the  permittee's water loss.    b.  A person withdrawing water pursuant to a valid water supply permit  or a permit to transport water by vessel pursuant to  title  fifteen  of  this article.    6. Each person who registers a withdrawal under subdivision one or two  of  this  section shall report the volume and rate of withdrawal and, ifapplicable, the volume and rate of water loss from the withdrawal to the  department in the form and at the times required by the department.    7.  Registrations  shall  be valid for a period of two years, provided  however that persons who withdraw water for an agricultural purpose  may  register annually.    8.  The  department  is authorized to assess a registration fee of two  hundred dollars which shall be paid  at  the  time  of  registration  or  registration   renewal,  provided  however  that  the  fee  for  persons  withdrawing water for agricultural purposes who register annually  shall  be one hundred dollars.    9.  The  department  may  contract  with  the  state  soil  and  water  conservation  committee  for  the  preparation   and   distribution   of  informational  materials  to persons who withdraw water for agricultural  purposes, regarding the purposes,  benefits  and  requirements  of  this  title,  and  which  may  also  provide information on complying with the  registration program and  on  any  general  or  applicable  methods  for  calculating or estimating water withdrawals or water loss.    10.  Within  eighteen  months following receipt of the registration of  water  withdrawals  information  the   department   shall   prepare   an  environmental  impact  statement  on  water  withdrawals and consumptive  uses, and their impact on water quality and quantity in the Great  Lakes  basin. The department, in consultation with the water resources planning  council, shall also prepare recommendations for a regulatory program for  water  use and withdrawals from the Great Lakes basin. The environmental  impact statement and recommendations for a regulatory program  shall  be  submitted to the governor, the temporary president of the senate and the  speaker of the assembly by January first, nineteen hundred ninety-three.

State Codes and Statutes

Statutes > New-york > Env > Article-15 > Title-16 > 15-1605

§ 15-1605. Registration of water withdrawals.    1.  Except  as provided in subdivision five of this section, no person  shall begin, on or after the effective date of this title, a  withdrawal  of Great Lakes water that will average in excess of one hundred thousand  gallons  per  day  in  any  consecutive  thirty-day period without first  registering the  proposed  withdrawal  with  the  department.    Persons  withdrawing  water  for  agricultural purposes, except those withdrawals  subject to the provisions of section 15-1607 or 15-1613 of  this  title,  shall  register  their  water  use  with  the  department  if the actual  withdrawal averaged in excess of one hundred thousand gallons per day in  any consecutive thirty day period.    2. Except as provided in subdivision five of this section, all persons  withdrawing in excess of an average of one hundred thousand gallons  per  day  in  any  consecutive  thirty-day period as of the effective date of  this title shall, within one year of the effective date of  this  title,  register such withdrawal with the department.    3.  a.  Each registration under subdivision one or two of this section  shall consist of a statement of and supporting documentation which shall  include the following:    (1) The place and source of the proposed or existing withdrawal;    (2) The location of any discharge or return flow;    (3) The location and nature of the proposed or existing water use;    (4) The actual or estimated average annual  and  monthly  volumes  and  rates of withdrawal; and    (5)  The  actual  or  estimated average annual and monthly volumes and  rates of water loss from the withdrawal.    b. Each registration under subdivision one  or  two  of  this  section  concerning  a  withdrawal  that will result in a water loss averaging in  excess of two million gallons per day  in  any  consecutive  thirty  day  period  shall  also  provide a statement of and supporting documentation  which shall include the following:    (1) The operating capacity of the withdrawal system identified in  the  registration;    (2)  If  the registration includes a proposed withdrawal increase, the  total new or increased operating capacity of the withdrawal system;    (3) The estimated average annual and monthly  rates  of  discharge  or  return flow;    (4)  A  list  of  all  federal,  state,  and local approvals, permits,  licenses and other authorizations required for the existing or  proposed  withdrawal.    4.  In  calculating  the  total  amount  of  an  existing  or proposed  withdrawal  for  the  purpose  of  determining  the   applicability   of  subdivision  one  or  two  of  this  section, a person shall combine all  separate withdrawals which the person makes or proposes to make, whether  or not such withdrawals are for a single purpose or are for related  but  separate purposes.    5. Registration is not required for:    a. A person holding a permit under title eight of article seventeen of  this  chapter or the Federal Water Pollution Control Act, as amended, 33  USC §§ 1251 et seq., if the department  has  established  a  water  loss  coefficient,  based  on  flow  diagrams  and other water use information  provided by the permittee, that the department  uses  to  calculate  the  permittee's water loss.    b.  A person withdrawing water pursuant to a valid water supply permit  or a permit to transport water by vessel pursuant to  title  fifteen  of  this article.    6. Each person who registers a withdrawal under subdivision one or two  of  this  section shall report the volume and rate of withdrawal and, ifapplicable, the volume and rate of water loss from the withdrawal to the  department in the form and at the times required by the department.    7.  Registrations  shall  be valid for a period of two years, provided  however that persons who withdraw water for an agricultural purpose  may  register annually.    8.  The  department  is authorized to assess a registration fee of two  hundred dollars which shall be paid  at  the  time  of  registration  or  registration   renewal,  provided  however  that  the  fee  for  persons  withdrawing water for agricultural purposes who register annually  shall  be one hundred dollars.    9.  The  department  may  contract  with  the  state  soil  and  water  conservation  committee  for  the  preparation   and   distribution   of  informational  materials  to persons who withdraw water for agricultural  purposes, regarding the purposes,  benefits  and  requirements  of  this  title,  and  which  may  also  provide information on complying with the  registration program and  on  any  general  or  applicable  methods  for  calculating or estimating water withdrawals or water loss.    10.  Within  eighteen  months following receipt of the registration of  water  withdrawals  information  the   department   shall   prepare   an  environmental  impact  statement  on  water  withdrawals and consumptive  uses, and their impact on water quality and quantity in the Great  Lakes  basin. The department, in consultation with the water resources planning  council, shall also prepare recommendations for a regulatory program for  water  use and withdrawals from the Great Lakes basin. The environmental  impact statement and recommendations for a regulatory program  shall  be  submitted to the governor, the temporary president of the senate and the  speaker of the assembly by January first, nineteen hundred ninety-three.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-15 > Title-16 > 15-1605

§ 15-1605. Registration of water withdrawals.    1.  Except  as provided in subdivision five of this section, no person  shall begin, on or after the effective date of this title, a  withdrawal  of Great Lakes water that will average in excess of one hundred thousand  gallons  per  day  in  any  consecutive  thirty-day period without first  registering the  proposed  withdrawal  with  the  department.    Persons  withdrawing  water  for  agricultural purposes, except those withdrawals  subject to the provisions of section 15-1607 or 15-1613 of  this  title,  shall  register  their  water  use  with  the  department  if the actual  withdrawal averaged in excess of one hundred thousand gallons per day in  any consecutive thirty day period.    2. Except as provided in subdivision five of this section, all persons  withdrawing in excess of an average of one hundred thousand gallons  per  day  in  any  consecutive  thirty-day period as of the effective date of  this title shall, within one year of the effective date of  this  title,  register such withdrawal with the department.    3.  a.  Each registration under subdivision one or two of this section  shall consist of a statement of and supporting documentation which shall  include the following:    (1) The place and source of the proposed or existing withdrawal;    (2) The location of any discharge or return flow;    (3) The location and nature of the proposed or existing water use;    (4) The actual or estimated average annual  and  monthly  volumes  and  rates of withdrawal; and    (5)  The  actual  or  estimated average annual and monthly volumes and  rates of water loss from the withdrawal.    b. Each registration under subdivision one  or  two  of  this  section  concerning  a  withdrawal  that will result in a water loss averaging in  excess of two million gallons per day  in  any  consecutive  thirty  day  period  shall  also  provide a statement of and supporting documentation  which shall include the following:    (1) The operating capacity of the withdrawal system identified in  the  registration;    (2)  If  the registration includes a proposed withdrawal increase, the  total new or increased operating capacity of the withdrawal system;    (3) The estimated average annual and monthly  rates  of  discharge  or  return flow;    (4)  A  list  of  all  federal,  state,  and local approvals, permits,  licenses and other authorizations required for the existing or  proposed  withdrawal.    4.  In  calculating  the  total  amount  of  an  existing  or proposed  withdrawal  for  the  purpose  of  determining  the   applicability   of  subdivision  one  or  two  of  this  section, a person shall combine all  separate withdrawals which the person makes or proposes to make, whether  or not such withdrawals are for a single purpose or are for related  but  separate purposes.    5. Registration is not required for:    a. A person holding a permit under title eight of article seventeen of  this  chapter or the Federal Water Pollution Control Act, as amended, 33  USC §§ 1251 et seq., if the department  has  established  a  water  loss  coefficient,  based  on  flow  diagrams  and other water use information  provided by the permittee, that the department  uses  to  calculate  the  permittee's water loss.    b.  A person withdrawing water pursuant to a valid water supply permit  or a permit to transport water by vessel pursuant to  title  fifteen  of  this article.    6. Each person who registers a withdrawal under subdivision one or two  of  this  section shall report the volume and rate of withdrawal and, ifapplicable, the volume and rate of water loss from the withdrawal to the  department in the form and at the times required by the department.    7.  Registrations  shall  be valid for a period of two years, provided  however that persons who withdraw water for an agricultural purpose  may  register annually.    8.  The  department  is authorized to assess a registration fee of two  hundred dollars which shall be paid  at  the  time  of  registration  or  registration   renewal,  provided  however  that  the  fee  for  persons  withdrawing water for agricultural purposes who register annually  shall  be one hundred dollars.    9.  The  department  may  contract  with  the  state  soil  and  water  conservation  committee  for  the  preparation   and   distribution   of  informational  materials  to persons who withdraw water for agricultural  purposes, regarding the purposes,  benefits  and  requirements  of  this  title,  and  which  may  also  provide information on complying with the  registration program and  on  any  general  or  applicable  methods  for  calculating or estimating water withdrawals or water loss.    10.  Within  eighteen  months following receipt of the registration of  water  withdrawals  information  the   department   shall   prepare   an  environmental  impact  statement  on  water  withdrawals and consumptive  uses, and their impact on water quality and quantity in the Great  Lakes  basin. The department, in consultation with the water resources planning  council, shall also prepare recommendations for a regulatory program for  water  use and withdrawals from the Great Lakes basin. The environmental  impact statement and recommendations for a regulatory program  shall  be  submitted to the governor, the temporary president of the senate and the  speaker of the assembly by January first, nineteen hundred ninety-three.