§ 15-1749. Previous grantees not to divert waters without a license.

A person or corporation, other than a municipal corporation, claiming
or purporting to have, or to have had, by general or special act or
other grant from the state, the right to divert water from Lake Erie,
Niagara River or the boundary waters of the state, or to divert any
waters in which the state has a proprietary interest, or the successor
in interest of such a corporation, whether or not there has been or is
now an actual diversion of waters or development of power therewith
pursuant to such act or grant, may apply for a license under title 17 of
this article to divert such waters and shall not divert such waters
without having obtained such license, unless the diversion of such
waters is subject to the charging or imposition of an equitable rental
pursuant to the provisions of title 17 of this article, and shall
otherwise be subject to the provisions of title 17 of this article.