Thursday, March 7, 2013

CHECK THIS: NY ECL Title 1 § 15-0105 "sovereign duty to conserve and control its water resources for the benefit of all inhabitants of the state"

WOAH-- check this folks.  I think this is an important find.

Hat tip to our Elder Statesman Robert Boyle for spotting it:

NY ECL Title 1 § 15-0105. Declaration of policy.

In recognition of its sovereign duty to conserve and control its water resources for the
benefit of all inhabitants of the state
, it is hereby declared to be the public policy of the
state of New York that:
  1. The regulation and control of the water resources of the state of New York be
    exercised only pursuant to the laws of this state
    ;

  2. The waters of the state be conserved and developed for all public beneficial uses;

  3. Comprehensive planning be undertaken for the protection, conservation, equitable
    and wise use and development of the water resources
    of the state to the end that such
    water resources be not wasted
    and shall be adequate to meet the present and future
    needs
    for domestic, municipal, agricultural, commercial, industrial, power, recreational
    and other public, beneficial purposes;

  4. With respect to the use of the waters of the state and the water courses thereof, due
    consideration shall be given to the relative importance of different uses;

  5. The acquisition, storage, diversion and use of water for domestic and municipal
    purposes shall have priority over all other purposes
    ;


  6. Alterations in the conditions of waters and water courses be planned and carried
    out in such manner that the important uses will be impaired as little as possible;


  7. Reasonable standards of purity and quality of the waters of the state be maintained
    consistent with public health, safety and welfare
    [i.e., POLICE POWERS]
    and the
    public enjoyment thereof
    , the propagation and protection of fish and wildlife,
    including birds, mammals and other terrestrial and aquatic life
    , and the industrial
    development of the state, and to that end, to require the use of all known available
    and reasonable methods to prevent and control pollution
    , wastage and unreasonable
    disturbance and defilement of the waters of the state
    ;


  8. In addition to other recognized public beneficial uses and control of water as provided by
    this article 15 or by any other statute, the regulated acquisition, storage, diversion and
    use of water for the supplemental irrigation of agricultural lands within the state is a public
    purpose and use, in the interests of the health, safety and welfare of the people of the
    state and for their interest.15-0105.

See:
http://law.onecle.com/new-york/environmental-conservation/ENV015-0105_15-0105.html

--
--
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

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