New York Laws
Title 15 - Water Supply
15-1503 - Permits.

1. A permit application or request for a permit renewal or
modification shall be made on forms prescribed by the department and
shall contain all information requested by the department relative to
the withdrawal, use and discharge of water, including:

a. with respect to a public water supply system, proof of adequate
authorization for the proposed project;

b. such exhibits as may be necessary clearly to indicate the scope of
the proposed project;

c. a map of any lands to be acquired;

d. project plans;

e. a statement of the need for and the reasons why the proposed source
or sources of supply were selected among the alternative sources which
are or may become available and the adequacy of the supply selected; and

f. a description of the applicant's proposed near term and long range
water conservation program that incorporates environmentally sound and
economically feasible water conservation measures, including
implementation and enforcement procedures, effectiveness to date and any
planned modifications for the future. For a public water supply system,
the water conservation program may include but need not be limited to:

i. the identification of and cost effectiveness of distribution system
rehabilitation to correct sources of lost water;

ii. measures which encourage proper maintenance and water
conservation;

iii. a public information program to promote water conservation,
including industrial and commercial recycling and reuse;

iv. household conservation measures; and

v. contingency measures for limiting water use during seasonal or
drought shortages.

2. In making its decision to grant or deny a permit or to grant a
permit with conditions, the department shall determine whether:

a. the proposed water withdrawal takes proper consideration of other
sources of supply that are or may become available;

b. the quantity of supply will be adequate for the proposed use;

c. the project is just and equitable to all affected municipalities
and their inhabitants with regard to their present and future needs for
sources of potable water supply;

d. the need for all or part of the proposed water withdrawal cannot be
reasonably avoided through the efficient use and conservation of
existing water supplies;

e. the proposed water withdrawal is limited to quantities that are
considered reasonable for the purposes for which the water use is
proposed;

f. the proposed water withdrawal will be implemented in a manner to
ensure it will result in no significant individual or cumulative adverse
impacts on the quantity or quality of the water source and water
dependent natural resources;

g. the proposed water withdrawal will be implemented in a manner that
incorporates environmentally sound and economically feasible water
conservation measures; and

h. the proposed water withdrawal will be implemented in a manner that
is consistent with applicable municipal, state and federal laws as well
as regional interstate and international agreements.

3. In order to assist the development of local water conservation
programs for public water supply systems, the department shall continue
to publish and distribute a water conservation manual that includes
beneficial near term and long range water conservation procedures which

reflect local water resource needs and conditions. Such manual shall
include examples of:

a. methods of identifying and determining the cost effectiveness of
distribution system rehabilitation to correct sources of lost water;

b. measures which encourage proper maintenance and water conservation;

c. a public information program to promote water conservation,
including industrial and commercial recycling and reuse;

d. household conservation measures; and

e. contingency measures for limiting water use during seasonal or
drought shortages.

4. The department may grant or deny a permit or grant a permit with
such conditions as may be necessary to provide satisfactory compliance
by the applicant with the matters subject to department determination
pursuant to subdivision 2 of this section, or to bring into cooperation
all persons that may be affected by the project, but it shall make a
reasonable effort to meet the needs of the applicant, with due regard to
the actual or prospective needs, interests and rights of others that may
be affected by the project.

5. The rules and regulations adopted by the department to implement
this title and the provisions of article 70 of this chapter and rules
and regulations adopted thereunder shall govern permit applications,
renewals, modifications, suspensions and revocations under this title.

6. A new permit for a water withdrawal system and any subsequent
renewal thereof shall be valid for a period of time not to exceed ten
years from the date of issuance. A new permit or permit modification
must be obtained from the department prior to any transfer or change of
ownership of a water withdrawal system.

7. For each permit issued for a public water supply system, the
department shall post on the department's website the permittee, the
maximum pumping capacity allowed under the permit, the results of well
monitoring, and the information reported pursuant to subdivision six of
section 15-1501 of this title.