New York Laws
Title 3 - Erie County Water Authority
1054 - Powers of the Authority.

§ 1054. Powers of the authority. The authority shall have power:

1. To sue and be sued;

2. To have a seal and alter the same at pleasure;

3. To acquire, in the name of the authority, lease, hold and dispose
of personal property or any interest therein for its corporate purposes,
including the power to purchase prospective or tentative awards in
connection with the exercise of the power of condemnation hereinafter
granted;

4. To purchase, in the name of the authority, any water supply system,
water distribution system, including plants, works, instrumentalities or
parts thereof and appurtenances thereto, lands, easements, rights in
land and water rights, rights-of-way, contract rights, franchises,
approaches, connections, dams, reservoirs, water mains and pipe lines,
pumping stations and equipment, or any other property, real, personal or
mixed, incidental to and included in such system or part thereof, and
any improvements, extensions, and betterments, situated within the
county of Erie, provided however that the authority shall have the power
to purchase any source of supply, or water supply system or any part
thereof situated without the county of Erie; and in connection with the
purchase of such properties the authority may assume any obligations of
the owner of such properties and, to the extent required by the terms of
any indentures or other instruments under which such obligations were
issued, the authority may assume and agree to perform convenants and
observe the restrictions contained in such instruments; and furthermore
the owner of any properties, which the authority is authorized to
acquire, is hereby authorized to sell or otherwise transfer the same to
the authority, whereupon the authority shall become charged with the
performance of all public duties with respect to such properties with
which such owner was charged and such owner shall become discharged from
the performance thereof, and in the case of a sale or other transfer of
properties of a public utility corporation pursuant to this provision,
it shall be lawful to dissolve such corporation;

5. To condemn, in the name of the authority, any water supply system,
water distribution system, including plants, works, instrumentalities,
or parts thereof and appurtenances thereto, lands, easements, rights in
land and water rights, rights-of-way, contract rights, franchises,
approaches, connections, dams, reservoirs, water mains and pipe lines,
pumping stations and equipment, or any other property, real, personal or
mixed, incidental to and included in any such source of supply or any
such system or parts thereof, and any improvements, extensions and
betterments, situated within the county of Erie, and to condemn any
necessary source of supply or water supply system, or any parts thereof,
situated without the county of Erie. The authority shall exercise the
power of condemnation hereby granted in the manner provided in the
condemnation law or in the manner provided by law for the condemnation
of land by the county of Erie. Upon the taking of the constitutional
oath of office by the commissioners of appraisal and the filing of such
oaths, title to the properties described in the condemnation proceedings
shall become and be vested in the authority as hereinafter provided in
this title and such authority shall be entitled to enter into possession
of the property condemned and to operate the same for its corporate
purposes. Upon the vesting of title in the authority, any person
entitled to a final award shall have and retain a lien upon such
property to secure the payment of such compensation with interest, as
shall be directed to be paid by the final order in the condemnation
proceeding. The lien shall be discharged and satisfied by payment of the
compensation, with interest directed to be paid by the final order, less
any sums, with interest paid in advance of the determination of the

final award in condemnation as hereinafter provided. In the exercise of
such power of condemnation, the property being condemned shall be
deemed, when so determined by the authority, to be for a public use
superior to the public use in the hands of any other person,
association, or corporation, provided, however, that the authority shall
have no power to condemn property the legal title to which is vested in
a municipal corporation or political subdivision of the state unless
such municipal corporation or political subdivision shall consent
thereto;

6. To construct and develop any water supply system, water
distribution system, including plants, works, instrumentalities, or
parts thereof, and appurtenances thereto, dams, reservoirs, water mains,
pipe lines, pumping stations and equipment, or any other property
incidental to or included in such system or part thereof, and to
acquire, by condemnation in the manner provided by this title, or by
purchase, lands, easements, rights in land, and water rights and
rights-of-way in connection therewith; and to own and operate, maintain,
repair, improve, reconstruct, enlarge and extend, subject to the
provisions of this title, any of its properties acquired hereunder, all
of which, together with the acquisition of such properties are hereby
declared to be public purposes;

6-a. To do all things necessary to construct and maintain water
transmission and distribution mains and appurtenances thereto to provide
wholesale or retail supplies of water to the town of Hanover, village of
Silver Creek, and the Seneca Nation of Indians, Cattaraugus reservation
upon the adoption of a resolution of the governing body of any such
municipality or Indian tribe requesting that the authority sell water to
their municipality or tribe and the adoption of a consenting resolution
by the governing body of the water utility serving such municipality or
tribe should such a water utility then exist;

7. To sell, lease, convey, or otherwise dispose of any distribution
system or improvements thereto which the authority may acquire or
construct to any municipal corporation or town water district or to the
county;

8. To produce, develop, distribute and sell water, water services,
facilities and commodities within or without the territorial limits of
the district; and to purchase water from any municipal corporation, town
water district, person, association or corporation; provided, however,
that water may be sold at retail to individual consumers only within the
county of Erie and further provided that in exercising the powers
granted by this title, the authority shall not sell water in any area
which is served by a water system owned or operated by a municipality or
special improvement district unless the governing board of such
municipality or district shall adopt a resolution requesting the
authority to sell water in such served area;

9. To acquire, hold, use, lease, mortgage, sell, transfer and dispose
of any property, real, personal or mixed, or interest therein, for its
corporate purposes;

10. To make by-laws for the management and regulation of its affairs,
and subject to agreements with bondholders, rules for the sale of water
and the collection of rents and charges therefor. Such rules may provide
for the discontinuance or disconnection of the supply of water for non
payment of water rents, rates or charges. The authority shall not
discontinue or disconnect the supply of water except in the manner and
upon such notice as is required of a water-works corporation pursuant to
subdivision three-a of section eighty-nine-b of the public service law.
A copy of such rules and by-laws, and all amendments thereto, duly
certified by the secretary of the authority shall be filed in the office

of the clerk of the county and thereafter published once in two
newspapers having a general circulation in the county. Violation of such
rules shall be a misdemeanor punishable by fine, not exceeding fifty
dollars, or by imprisonment for not longer than thirty days, or both.
Exclusive jurisdiction is hereby conferred upon the local criminal
courts of the county, outside the city of Buffalo, which have trial
jurisdiction, to hear and determine, subject to the provisions of the
criminal procedure law, any violation of this title;

11. With the consent of the county to use the officers, employees,
facilities and equipment of the county, paying a proper portion of the
compensation or cost;

12. To make contracts and to execute all necessary or convenient
instruments, including evidences of indebtedness, negotiable or
non-negotiable;

13. To enter on any lands, waterways and premises for the purpose of
making surveys, soundings and examinations;

14. To borrow money and to issue negotiable bonds, notes or other
obligations and to fund or refund the same, and to provide for the
rights of the holders of its obligations;

15. To fix rates and collect charges for the use of the facilities of,
or services rendered by, or any commodities furnished by the authority
such as to provide revenues sufficient at all times to pay, as the same
shall become due, the principal and interest on the bonds of the
authority together with the maintenance of proper reserves therefor, in
addition to paying as the same shall become due the expense of operating
and maintaining the properties of the authority together with proper
reserves for depreciation, maintenance, and contingencies and all other
obligations and indebtedness of the authority;

16. To enter into cooperative agreements with other water authorities,
municipalities, counties, towns, villages, water districts, utility
companies, individuals, firms or corporations, within or without the
territorial limits of the district for the inter-connection of
facilities, the exchange or interchange of services and commodities or
for any other lawful purposes necessary or desirable to effect the
purposes of this title;

17. To accept grants, loans or contributions from the United States,
the state of New York, or any agency or instrumentality of either of
them, or the county, or an individual, by bequest or otherwise, and to
expend the proceeds for any purposes of the authority;

18. To do all things necessary or convenient to carry out the powers
expressly given in this title.

19. To facilitate the determination of the economic practicability of
any step contemplated by the authority or of any other fact or matter
which the authority is now or may hereafter be authorized and empowered
to decide or determine the authority may and in the case of any project
involving an expenditure in excess of five hundred thousand dollars must
conduct investigations, inquiries or hearings at such place or places as
it shall appoint. Such investigations, inquiries or hearings may be held
by or before one or more of any officers of the authority or by or
before any person or persons appointed as its representative, and when
ratified, approved or confirmed by the authority its action shall be and
be determined to be the investigation, inquiry or hearing of the
authority.

For the purpose of any such investigation, inquiry or hearing and for
the purpose of such other action or powers as the authority may be
authorized or empowered to take or exercise, it shall have jurisdiction
of any and all persons, associations or corporations residing in or
acting under and by virtue of the laws of or owning property within the

state of New York and shall have the power to compel the attendance of
witnesses and the production of any papers, books or other documents,
and to administer oaths to all witnesses who may be called before it.

20. Upon the adoption of a resolution by the authority that it intends
to acquire or to commence negotiations for the purpose of acquiring the
property or any part thereof, of a public utility corporation, said
public utility corporation shall give to the authority and its
authorized representatives access to its books, records and accounts, or
such portion thereof, as are descriptive of the property proposed to be
acquired.

21. At any time after the entry of a judgment as provided in the
condemnation law, the authority may make application to the court for an
order directing that title to the property described in the proceeding
shall vest in the authority in advance of the determination and payment
of the final award in condemnation. Upon such application the court
shall hear the proofs of the parties to the proceeding respecting the
readiness and ability of the authority to pay to the person entitled
such compensation with interest as the final order in the proceeding may
direct to be paid. If the court shall be satisfied that the authority
will be ready and able to pay said compensation with interest when
ascertained, and that the person entitled thereto by such proofs and the
provisions of this title, is reasonably assured of such payment, the
court shall make an order vesting title to the property described in the
authority, upon the taking and filing of the oath of office by the
commissioners of appraisal, or at any stage of the proceeding
thereafter.

Upon the entry of said order with proof of service upon the parties to
the proceeding, the authority shall be entitled to enter into possession
of the property and to operate the same for its corporate purposes. Such
order shall be enforced to obtain delivery of possession of the property
in the manner provided for in section seventeen of the condemnation law.

22. Upon the vesting of title in the authority of the property
described in a condemnation proceeding, or at any time thereafter the
authority on notice to the parties to the proceeding may pay to any
party or person entitled to an award for the property acquired, in
advance of the determination of the final award, a sum of money to be
determined by the authority. Such payment shall be made to the parties
as their interests shall be determined by the court.

If the authority shall decide to make a partial payment in advance to
any party or person entitled to an award, the interest on any sum so
decided to be paid in advance shall cease to run on and after a date
five days after such party or person shall have been notified by mail or
otherwise that the authority is ready to pay the same.

When any such payment in advance shall have been made, the authority
upon paying the final award for the property acquired, shall deduct from
the total amount allowed as compensation, any sum advanced plus interest
thereon from the date of the payment of such advance to the date of the
final award in the proceeding.

23. To enter into a contract or contracts with the board of
supervisors of Erie county for the acquisition, construction and
development of a water supply and distribution system, or any part or
parts thereof, on behalf of a county water district, and to contract for
the operation and management of such county water district, all as
provided in article five-a of the county law and article five-b of the
general municipal law. Such water authority shall be deemed the agent of
Erie county under any such contract. If such contract shall authorize
the water authority to purchase supplies or equipment or to construct
public works, such authority shall be subject to all provisions of law

to which Erie county would be subject in relation to advertising and
awarding any such contracts for supplies, equipment or public works.