§ 15-3303. Land acquisition projects for source water protection.

1. The commissioner is authorized to provide state assistance to
municipalities, not-for-profit corporations and soil and water
conservation districts to undertake land acquisition projects for source
water protection, in cooperation with willing sellers. Land acquisition
projects for source water protection shall support, expand or enhance
drinking water quality protection, including but not limited to
aquifers, watersheds, reservoirs, lakes, rivers and streams.

2. a. Any buffer encumbered by a conservation easement acquired
pursuant to this section that encumbers lands used in agricultural
production as defined in section three hundred one of the agriculture
and markets law in a county designated state certified agricultural
district created under section three hundred three of the agriculture
and markets law may allow agricultural activity that qualifies such
lands, provided such activity on such lands does not impair drinking
water and complies with an agricultural environmental management program
plan developed by the state soil and water conservation committee, in
partnership with the department.

b. Notwithstanding any limitations provided herein on lands acquired
pursuant to this title a license or easement may be granted by the owner
of such property to a public utility for a public purpose.

3. In evaluating land acquisition projects for source water protection
pursuant to this section, the department shall give priority to projects
which protect or recharge drinking water sources and watersheds
including riparian buffers and wetlands.

4. a. No state assistance may be provided pursuant to this section to
fund any land acquisition project which is undertaken by eminent domain
unless such process is undertaken with a willing seller.

b. The department shall not provide funding pursuant to this title for
any land acquisition project for source water protection by a
not-for-profit corporation, if any town, village or city within which
such a project is located, by resolution, within ninety days of
notification by such corporation of its interest in acquiring such
projects, objects to such acquisition.

5. Consistent with section eleven-b of the soil and water conservation
districts law, the soil and water conservation committee in consultation
with the commissioner of agriculture and markets is authorized to
provide state assistance payments to county soil and water conservation
districts, within amounts appropriated, for land acquisition projects
for source water protection projects to support, expand or enhance
drinking water quality protection, including but not limited to
aquifers, watersheds, reservoirs, lakes, rivers and streams. Such
committee shall give priority to projects which establish buffers from
waters which serves as or are tributaries to drinking water supplies for
such projects using state assistance pursuant to this section.

6. Real property acquired, developed, improved, restored or
rehabilitated by or through a municipality, county soil and water
conservation district or not-for-profit corporation with funds made
available pursuant to this title shall not be sold, leased, exchanged,
donated or otherwise disposed of or used for other than the public
purposes of this title without the express authority of an act of the
legislature, which shall provide for the substitution of other lands of
equal environmental value and fair market value and reasonably
equivalent usefulness and location to those to be discontinued, sold or
disposed of, and such other requirements as shall be approved by the
commissioner.

7. If the state acquires a real property interest in land purchased by
a municipality or not-for-profit with funds made available pursuant to
this title, the state shall pay the fair market value of such interest
less the amount of funding provided by the state pursuant to this
section.

8. To the fullest extent practicable, it is the policy of the state to
promote an equitable regional distribution of funds, consistent with the
purpose of this section.