Legislation
SECTION 299-P
Administration of the watershed district; powers; limitations
County (CNT) CHAPTER 11, ARTICLE 5-D
§ 299-p. Administration of the watershed district; powers;
limitations. 1. Administrative head or body of district. When a
watershed district shall have been established, the board of
supervisors, with the advice of the agency, shall appoint, designate or
establish an administrative head or body in the manner prescribed in
section two hundred sixty-one of this chapter in the case of county
water districts, as now in effect or as hereafter amended.
2. Powers and duties of the district. All the provisions of sections
two hundred sixty-one through and including two hundred sixty-four of
this chapter in the case of county water districts, as now in effect or
as hereafter amended, shall apply, in so far as they may be applicable,
to watershed districts and the administrative heads of watershed
districts shall possess equivalent powers and authority in watershed
district matters, except that the power to purchase or condemn an
existing water system or portion or portions thereof shall not be vested
in or available to a watershed district or on behalf thereof.
3. Limitations on powers and sale of water. The watershed district
shall not by construction of any project works or facilities, or
otherwise, damage, interrupt or interfere with any works, facilities,
project or sources of supply of any person, firm, municipal corporation,
waterworks corporation, public corporation, district or authority or of
any other body or agency engaged in supplying the inhabitants of any
municipality, political subdivision or other civil division of the state
with water, nor shall the watershed district or agency engage in the
supplying of water to such inhabitants. However, the watershed district,
with the approval of the board of supervisors, may by contract agree to
sell any excess water at wholesale to any firm, municipality or other
public or private corporation, district or authority, or other body or
agency engaged in supplying or proposing to supply such inhabitants with
water. All such contracts shall be of no force or effect unless and
until the watershed district shall have received the approval of the
water power and control commission as required by and in the manner
provided by article eleven of the conservation law. The watershed
district may also contract for the sale of excess water directly to a
proposed user for industrial or irrigation purposes. All revenues from
such sales and other revenues of a watershed district shall be collected
and received by the county treasurer, who shall keep a true account of
all such receipts. Such revenues shall be used for said watershed
district purposes only.
4. Recreational use of water. The administrative head or body may
adopt rules and regulations, subject to the approval of the board of
supervisors, for the recreational use of the public for bathing, boating
and fishing in and on the waters impounded in a project reservoir.
5. Acceptance of gifts and services. The watershed district, with the
approval of the board of supervisors, may accept gifts of money and
property from any source, public or private, and shall apply such gifts
to watershed district purposes. The watershed district, with the
approval of the board of supervisors, may enter into contracts with any
municipality or other civil division of the state and with any person,
firm, association and public or private corporation for a contribution
of services or other help in the construction of the project or in its
maintenance.
limitations. 1. Administrative head or body of district. When a
watershed district shall have been established, the board of
supervisors, with the advice of the agency, shall appoint, designate or
establish an administrative head or body in the manner prescribed in
section two hundred sixty-one of this chapter in the case of county
water districts, as now in effect or as hereafter amended.
2. Powers and duties of the district. All the provisions of sections
two hundred sixty-one through and including two hundred sixty-four of
this chapter in the case of county water districts, as now in effect or
as hereafter amended, shall apply, in so far as they may be applicable,
to watershed districts and the administrative heads of watershed
districts shall possess equivalent powers and authority in watershed
district matters, except that the power to purchase or condemn an
existing water system or portion or portions thereof shall not be vested
in or available to a watershed district or on behalf thereof.
3. Limitations on powers and sale of water. The watershed district
shall not by construction of any project works or facilities, or
otherwise, damage, interrupt or interfere with any works, facilities,
project or sources of supply of any person, firm, municipal corporation,
waterworks corporation, public corporation, district or authority or of
any other body or agency engaged in supplying the inhabitants of any
municipality, political subdivision or other civil division of the state
with water, nor shall the watershed district or agency engage in the
supplying of water to such inhabitants. However, the watershed district,
with the approval of the board of supervisors, may by contract agree to
sell any excess water at wholesale to any firm, municipality or other
public or private corporation, district or authority, or other body or
agency engaged in supplying or proposing to supply such inhabitants with
water. All such contracts shall be of no force or effect unless and
until the watershed district shall have received the approval of the
water power and control commission as required by and in the manner
provided by article eleven of the conservation law. The watershed
district may also contract for the sale of excess water directly to a
proposed user for industrial or irrigation purposes. All revenues from
such sales and other revenues of a watershed district shall be collected
and received by the county treasurer, who shall keep a true account of
all such receipts. Such revenues shall be used for said watershed
district purposes only.
4. Recreational use of water. The administrative head or body may
adopt rules and regulations, subject to the approval of the board of
supervisors, for the recreational use of the public for bathing, boating
and fishing in and on the waters impounded in a project reservoir.
5. Acceptance of gifts and services. The watershed district, with the
approval of the board of supervisors, may accept gifts of money and
property from any source, public or private, and shall apply such gifts
to watershed district purposes. The watershed district, with the
approval of the board of supervisors, may enter into contracts with any
municipality or other civil division of the state and with any person,
firm, association and public or private corporation for a contribution
of services or other help in the construction of the project or in its
maintenance.