New York Laws
Title 21 - River Regulation by Storage Reservoirs
15-2109 - General Powers.

1. The board shall have power to make all necessary rules and
regulations which shall be effective when approved by the department.

2. The board and its authorized agents may enter upon any lands as in
its judgment may be necessary for the purpose of making surveys and
examinations to accomplish any purpose authorized by title 21 of this
article, being liable only for actual damage done.

3. The board on behalf of such district shall have and may exercise
all of the powers enumerated in subdivision 1 of section 15-2103 and in
addition thereto all such other powers as are necessary and proper to
carry into execution the powers expressly granted to it, including power
to make such channel improvements as may be necessary to prevent damage
to downstream properties by the waters released from reservoirs. The
board shall have charge of the operation of all reservoirs now in
existence, or hereafter constructed for the regulation of the flow of
the river and its tributaries of the district which it represents, not
including, however, any reservoirs which are or may be maintained
primarily to provide water for the canal system of the state. No
reservoirs for the regulation of the flow of streams or for any other
purpose except for municipal water supply shall be hereafter constructed
in Hamilton or Herkimer counties on the south branch of the Moose River
by any river regulating board.

4. The board shall have the right to establish and maintain stream
gauges and rain gauges, and may make such surveys and examinations of
rainfall, stream flow and flood conditions, and of other scientific and
engineering subjects as may be necessary and proper for the purposes of
the district and shall preserve a record thereof.

5. The board, on behalf of such district, subject to the limitations
of title 21 of this article, shall have a dominant right of eminent
domain over the right of eminent domain of public corporations, except
cities. In exercise of this right, due care shall be taken to do no
unnecessary damage to other public utilities, and in case of failure to
agree upon the mode and terms of interference, not to interfere with
their operation and usefulness beyond the actual necessities of the
case, due regard being paid to the other public interests involved.

6. The board on behalf of such district shall have power to consent to
the transfer of jurisdiction over lands under its jurisdiction to any
state department or a bureau, division or agency thereof, or to any
state agency, upon such terms and conditions and under such regulations
and restrictions as said board shall deem just and proper, providing,
however, that the use of such lands will not interfere with the purposes
for which they were acquired.

7. The board of the Hudson river-Black river regulating district shall
have the power to contract to sell water, upon such terms and conditions
as it deems advisable to any or all of the counties of Albany, Columbia,
Essex, Fulton, Green, Hamilton, Rensselaer, Saratoga, Schenectady,
Warren or Washington, which counties are contained within such district.