§ 92-a. Waste of mineral waters. 1. The waste of that class of
mineral waters holding in solution natural mineral salts and an excess
of carbonic acid gas is hereby declared to be unlawful.

2. Waste defined. The permitting of the flow or escape of that class
of mineral waters defined in section ninety of this article shall be
deemed a waste thereof, unless such flow shall be necessary to the care,
protection or preservation of the spring or well, or for the purpose of
the actual use of the owner or occupant of the land or others with his
consent, including the sale or commercial use of the waters or gases
flowing therefrom. The permitting of such flow, except for the immediate
use or sale of such waters or gases or the immediate service to the
public, for a longer period than twenty-four hours in any one month,
shall be presumptive evidence of the waste thereof, unless authorized by
the commissioner of parks and recreation as provided in section
ninety-two-b of this article.