§ 15-1701. Reservation of state control. Where any person takes, diverts, appropriates, or otherwise uses, whether by virtue of the provisions of title 17 of this article or otherwise, the waters of the state over which the state has the proprietary ownership of the flow and to the use of which the state has the […]
§ 15-1703. Definitions. When used in title 17 of this article unless otherwise expressly stated or unless the context or subject matter otherwise requires: 1. “Licensee” means a person or public corporation holding a license issued pursuant to title 17 of this article, his successor in interest or assign; 2. “Stream” means a river or […]
§ 15-1705. Licenses; approval by the Governor. 1. The department, subject to the provisions of title 17 of this article, may upon application issue to any person or public corporation heretofore or hereafter authorized to develop, use, furnish or sell power in this state or to a municipality of the state having such authority, a […]
§ 15-1707. Procedure on application for license. 1. Each applicant for a license shall submit to the department a written verified application in such form as the department may prescribe and containing such data or information of the applicant’s project as the department may require. It shall be accompanied by proposed plans and specifications showing […]
§ 15-1709. Preliminary permits. 1. The department may issue preliminary permits for the purpose of enabling applicants for a license hereunder to secure the data and to perform the acts required by section 15-1707, provided, however, that upon the filing of any application for a preliminary permit by any person or public corporation, the department […]
§ 15-1711. Provisions and conditions of licenses; payment to state treasury of moneys received under this title. 1. The term of the license shall not exceed fifty years from its date. 2. The licensee shall agree to accept and abide by the terms and provisions of title 17 of this article, and to pay to […]
§ 15-1713. Waters impounded by dams constructed for power purposes impressed with a public interest. The waters impounded by any dam hereafter constructed for power purposes on any stream or waterway in the state, shall be impressed with a public interest and open to the public to fish thereon, when authorized by other applicable provisions […]
§ 15-1715. Licenses and the protection of navigation. Before granting any license, the department shall inquire and determine to its own satisfaction that the exercise of the privilege conferred will not impair or interfere with navigation on the waters covered by the license and, whenever, the public interest requires, shall impose such conditions in granting […]
§ 15-1717. Provisions for the revision and readjustment of rent in licenses. 1. The annual charge or rental fixed by the department shall continue for the period of the license, unless the license provides for a readjustment of the charge or rental at a specified time or times, in which case the charge or rental, […]
§ 15-1719. Equitable rental for Niagara River water. The department shall have the power to fix and determine, after a hearing held upon notice to the parties interested, the amount of an equitable rental, which is hereby charged pursuant to the reservations made in chapter 597 of the laws of 1918 for the diversion, as […]
§ 15-1721. Reservation in the license; state control of rates and use and distribution of power. 1. Every license issued pursuant to title 17 of this article for a project shall contain a provision expressly reserving to the state the right to regulate and control the use and distribution of the power generated by any […]
§ 15-1723. Contribution to the cost of headwater improvement. Licensees and persons exercising rights conferred by title 17 of this article shall be liable for any payments or charges resulting from the improvement of headwaters under the provisions of title 21 and title 23 of this article, according to their respective interests in the property […]
§ 15-1725. Prosecution of project works. 1. The licensee shall commence the construction of the project works within the time fixed therefor in the license. He shall thereafter in good faith and with due diligence continue the construction thereof, and within the time fixed in the license complete and put into operation the whole of […]
§ 15-1727. Maintenance of project works. 1. The licensee shall at all times maintain the project works in good repair and in efficient working order; shall promptly make all necessary renewals and replacements, including such necessary renewals or replacements as may, after a hearing, be directed by the department for this purpose, and shall establish […]
§ 15-1729. Eminent domain. Real property may be acquired pursuant to title 17 of this article under an exercise of the right of eminent domain in the following cases: 1. Real property which is necessary to the full development and utilization of any water power site of which the state is the owner, in whole […]
§ 15-1731. Eminent domain; transmission lines. Any corporation authorized to do business in this state and engaged in the production, sale and distribution of heat, light or power to the public may exercise the right of eminent domain pursuant to the provisions of the eminent domain procedure law to acquire property necessary for the construction […]
§ 15-1733. Use of land occupied by a public highway. 1. Whenever, in order to complete any project as provided by title 17 of this article, it becomes necessary to use lands occupied by a public highway the licensee shall aply to the Commissioner of Transportation for permission to relocate such highway, the entire expense […]
§ 15-1735. Contracts extending beyond license period. 1. Whenever the public interest requires or justifies the execution by a licensee whose license covers any state property, or who uses water that cannot be lawfully used without the consent of the state, of a contract for the sale and delivery of power for a period extending […]
§ 15-1737. Transfer of license restricted. No voluntary sale, assignment, or transfer of any license or of the rights thereby granted shall be made without the written approval of the department; nor become effective until the instrument of transfer be filed and recorded in the office of the clerk of each county in which property […]
§ 15-1739. Revocation of license. 1. The department may by resolution terminate and revoke any license, issued pursuant to the provisions of title 17 of this article for the following reasons: a. Failure of the licensee to commence, advance or complete construction of the project works within the time fixed therefor, unless the time be […]
