New York Laws
Title 23 - River Improvement
15-2317 - Construction of Reservoir on State-Owned Lands in a Forest Preserve.

preserve.

If as a part of any project for the improvement of a district it is
necessary to construct a reservoir on any part of the forest preserve,
the department must, before making the final order, cause such lands to
be accurately surveyed and the boundaries of the lands needed and the
high flow line of the reservoir to be accurately fixed and thereafter,
after due notice, to hold a public hearing as to whether such lands are
required for such public use and, if so required, as to what will be a
reasonable return to the state upon the value of the rights and property
of the state so used and the services of the state as to such lands if
such improvement is made. If it be determined that such lands are so
required, such determination must be incorporated in the final order
with a statement of the boundaries, the high flow line, the acreage and
the amounts to be paid to the state for the lands and services. Such
payments to the state and the cost of building such portions of the
reservoir as are on state forest preserve lands shall be apportioned
like other costs and expenses on the municipalities, other public
corporations and properties benefited to the extent of the benefits
received. If additional land is required it shall be acquired or taken
in the name of the state and the entire reservoir shall be the property
of the state, although paid for by the district and dedicated for the
purposes for which constructed. Such reservoir shall always be operated
by the department or other state authority for the benefit of the
district. The reasonable return to the state shall be fixed for terms
not exceeding ten years and may be changed at the beginning of any new
term. The high flow line of a reservoir as referred to in title 23 of
this article is hereby defined as the level of the water in the
reservoir when the greatest flood reasonably to be expected is passing
over the spillway of the dam with all outlet gates closed. Before any
such state lands are flooded, the timber shall be removed therefrom and
the construction thereof shall be approved by the Commissioner of Health
as not creating or tending to create any unsanitary condition.