New York Laws
Title 15 - Water Supply
15-1501 - Water Withdrawals; Permit.

1. Except as otherwise provided in this title, no person who is
engaged in, or proposing to engage in, the operation of a water
withdrawal system with a capacity of greater than or equal to the
threshold volume, shall have any power to do the following until such
person has first obtained a permit or permit modification from the
department pursuant to this title:

a. To make a water withdrawal from an existing or new source or an
increased water withdrawal from an existing permitted source;

b. To take or condemn lands for the protection of any existing sources
of public water supply; or for the development or protection of any new
or additional sources of public water supply;

c. To commence or undertake the construction of any works or projects
in connection with the proposed withdrawal; or

d. To extend its supply or distribution mains into any new water
service area or extension that has not been approved by the department
or a predecessor commission; or

e. To make a significant change in the principal use of the water
withdrawal system from that specified in the permit, or permit
application.

2. All valid public water supply permits and approvals issued by the
department or its predecessors shall remain in full force and effect for
the purpose of satisfying the permit requirements of subdivision one of
this section for existing water withdrawals from a source and in an
amount authorized by such permit or approval. Until the department
promulgates regulations pursuant to subdivision four of this section,
nothing contained in subdivision one of this section concerning permits
from the department shall be applicable to water withdrawals other than
for a public water supply system.

3. Nothing contained in this title concerning permits from the
department for water withdrawals shall be deemed to nullify the
requirements of the State Sanitary Code applicable to drinking water
supplies, including public water systems and bottled water facilities,
in effect on February 15, 2012, as may be amended from time to time. No
supplier of water shall make, install or construct, or allow to be made,
installed or constructed, a public water supply system or any addition
or deletion to or modification of a public water supply system until the
plans and specifications therefor have been submitted to and approved by
the commissioner of health or his or her designee as may be required by
the state sanitary code.

4. The department shall promulgate regulations to implement a
permitting program for water withdrawals equal to or greater than the
threshold volume consistent with the requirements of this section which
shall establish: (a) minimum standards for operation and new
construction of water withdrawal systems; (b) monitoring, reporting and
recordkeeping requirements; and (c) protections for present and future
needs for sources of potable water supply. Such regulations may
establish quantitative standards that maintain stream flows protective
of aquatic life, consistent with the policy objectives of this article
and any other conditions, limitations and restrictions that the
department, in consultation with the department of health, determines
are necessary to protect the environment and the public health, safety
and welfare and to ensure the proper management of the waters of the
state. The regulations may establish exemptions from permitting
requirements in addition to those exemptions specified in this section.

5. The department is authorized to consolidate existing water supply
permits for a public water supply system into one permit, and may
require submission of an application for such permit where the

department determines that such actions are necessary to protect the
environment and the public health, safety and welfare and to ensure the
proper management of the waters of the state.

6. Each person who is required under this section to obtain a permit
shall annually, on a form prescribed by the department, report all
information requested by the department, including but not limited to
water usage and water conservation measures undertaken during the
reporting period. Information on water usage and water conservation
measures shall be posted on the department's website.

7. The following water withdrawals are exempt from the permit
requirements established by this section: (a) withdrawals used for fire
suppression or public emergency purposes; (b) withdrawals that have
received an approval from a compact basin commission which administers a
program governing water withdrawals; (c) closed loop, standing column,
or similar non-extractive geothermal heat pumps; (d) withdrawals for
which a permit has been issued pursuant to the requirements of section
15-1527 of this title; (e) existing withdrawals for agricultural
purposes provided the withdrawal has been registered with the department
pursuant to the requirements of title sixteen of this article or
reported to the department pursuant to the requirements of title
thirty-three of this article on or before February fifteenth, two
thousand twelve; and (f) withdrawals at remediation sites conducted
pursuant to a federal or state court order or federal or state
government agency agreement or order.

8. The department shall establish a water conservation and efficiency
program with the goals of (a) ensuring improvement of the waters and
water dependent natural resources, (b) protecting and restoring the
hydrologic and ecosystem integrity of watersheds throughout the state,
(c) retaining the quantity of surface water and groundwater in the
state, (d) ensuring sustainable use of state waters, and (e) promoting
the efficiency of use and reducing losses and waste of water.

9. The department shall issue an initial permit, subject to
appropriate terms and conditions as required under this article, to any
person not exempt from the permitting requirements of this section, for
the maximum water withdrawal capacity reported to the department
pursuant to the requirements of title sixteen or title thirty-three of
this article on or before February fifteenth, two thousand twelve.