§ 38. Lake George water levels. Any dam or other similar structure so
located in the outlet of Lake George as to affect the water levels of
the lake shall, with due allowance for fluctuations due to natural
causes or to emergencies and for a reasonable use of water for power and
for sanitary purposes, be operated in such a manner as to maintain the
waters of the lake from the first day of June to the thirtieth day of
September in each year as nearly as may be at an average level of three
and five-tenths feet on the gage of the United States Geological Survey
at Rogers Rock on Lake George, known as Rogers Rock gage, and in such a
manner as to maintain the waters of the lake from the first day of
October to the first day of December at a level which shall not fall
below two and five-tenths feet on said gage; and, consistent with the
above mentioned fluctuations and reasonable use, the waste gates of any
such dam or other structure shall be operated so that, to the extent
possible, the waters of the lake will not be permitted to rise above a
level of four feet on such gage at any time during the year or to fall
below a level of two and five-tenths feet on said gage at any time after
the first day of June and prior to the first day of December in any
year. If at any time during the year the waters of the lake shall rise
above such level of four feet any person owning or operating such dam or
other structure shall immediately open the waste gates thereof and take
such other appropriate action as in the judgment of the water resources
commission may be necessary to lower the waters of the lake with the
least practicable delay to a level not higher than four feet of said
gage. If at any time after the first day of June and prior to the first
day of December in any year the waters of the lake shall fall below such
level of two and five-tenths feet such person shall immediately close
the waste gates of such dam or other structure; and no person shall
withdraw water from the lake for the purpose of generating power during
any period of time between the first day of June and the first day of
October in any year when the level of the waters of the lake is below
two and five-tenths feet on said gage. The water resources commission or
its duly authorized representative shall at all times have access to
such dam or other structure and is hereby authorized and directed to
operate the waste gates thereof whenever necessary for the purpose of
carrying out the provisions of this section. The water resources
commission shall establish such rules and regulations as in its judgment
may be necessary for the enforcement of the provisions of this section,
and it is hereby authorized to enter into such agreement or agreements
with any person or persons owning or operating any such dam or other
structure as in its judgment may be necessary in order to carry into
effect the provisions of this section and of such rules and regulations.
In addition, the water resources commission shall, once in each year
during the first week in July, cause to be published in at least three
daily newspapers serving the area the reading on the Rogers Rock gage on
the first day of July in that year. Any person violating any provision
of this section or of any rule or regulation established or of any
agreement entered into pursuant thereto shall for every such violation
forfeit to the people of the state the sum of not to exceed two hundred
fifty dollars to be recovered in a civil action.