Legislation
SECTION 15-0805
Regulation of reservoir releases
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 8
§ 15-0805. Regulation of reservoir releases.
1. The commissioner is authorized and directed to promulgate rules and
regulations as expeditiously as possible but in no event later than the
first day of April, nineteen hundred seventy-seven for releases from
Schoharie reservoir through the Shandaken tunnel and for releases from
Neversink, Pepacton and Cannonsville reservoirs, nor later than the
first day of October, nineteen hundred seventy-eight for releases from
the remaining impounding reservoirs, to carry out the policy set out in
this title consistent with the findings and policies set out in this
article.
2. Without limiting the foregoing, such rules and regulations may
include provisions respecting the volume, timing and rate of change in
volume of releases of water, monitoring, maintenance of records,
inspection of records and premises, reporting and investigations by
representatives of the department, may vary from time to time, on a
seasonal basis and from reservoir to reservoir and shall include
provisions to insure that an adequate supply of water for power
production and for any municipality which uses water from such reservoir
for drinking and other purposes will not be impaired, to provide for the
public health and safety in the event of drought or other emergency
conditions and shall be promulgated only after affected municipalities
are provided an opportunity for consultation.
1. The commissioner is authorized and directed to promulgate rules and
regulations as expeditiously as possible but in no event later than the
first day of April, nineteen hundred seventy-seven for releases from
Schoharie reservoir through the Shandaken tunnel and for releases from
Neversink, Pepacton and Cannonsville reservoirs, nor later than the
first day of October, nineteen hundred seventy-eight for releases from
the remaining impounding reservoirs, to carry out the policy set out in
this title consistent with the findings and policies set out in this
article.
2. Without limiting the foregoing, such rules and regulations may
include provisions respecting the volume, timing and rate of change in
volume of releases of water, monitoring, maintenance of records,
inspection of records and premises, reporting and investigations by
representatives of the department, may vary from time to time, on a
seasonal basis and from reservoir to reservoir and shall include
provisions to insure that an adequate supply of water for power
production and for any municipality which uses water from such reservoir
for drinking and other purposes will not be impaired, to provide for the
public health and safety in the event of drought or other emergency
conditions and shall be promulgated only after affected municipalities
are provided an opportunity for consultation.