§ 66. Replacement water sources. If the commissioner determines that a
highway project or highway maintenance activity of the department has
significantly changed or rendered unusable a private water supply
system, the commissioner is authorized, upon the consent of the owner
thereof, to provide, or participate in the provision of, a replacement
source or supply of water or a modification of the system affected. The
commissioner is authorized to use the forces of the department and
contractors under contract with the department, and is authorized to
enter into contracts or agreements for the purposes of this section. In
any claims against the state, actions undertaken by the commissioner
pursuant to this section shall be considered in reducing damages
incurred by affected individuals. The commissioner, with the consent of
the owner, is authorized to conduct testing and other investigation to
ascertain whether a highway project or highway maintenance activity of
the department may have adversely impacted a private water supply
system. Nothing in this section shall be construed to require any action
on behalf of the department and the authority conferred herein shall be
exercised, and any related determinations of the commissioner shall be
made, in the discretion of the commissioner or commissioner's designee.
The department shall not enter private property pursuant to this section
without the consent of the owner of such property. Nothing contained in
this section shall be construed to relieve the department from any
requirements that would otherwise apply pursuant to article eight of the
environmental conservation law.