2010 New York Code
CAL - Canal
Article 6 - (50 - 54) ABANDONMENT OF CANAL LANDS
54 - Abandonment and sale of hydropower easements; agreements with hydropower developers.

§  54.  Abandonment  and sale of hydropower easements; agreements with
  hydropower developers. 1. Notwithstanding  subdivision  two  of  section
  three  or  section  fifty  of  the  public  lands  law or section fifty,
  fifty-one or fifty-two  of  this  article,  upon  request  of  a  person
  licensed  under  Part I of the Federal Power Act (16 USC § 791a-823a) to
  develop and operate a hydropower project at a site on  the  barge  canal
  system,  the  corporation  may  adopt  an  order abandoning a hydropower
  easement in barge canal system lands and waters  which  are  within  the
  boundaries of such federally licensed project, upon finding the property
  rights under such easement to be no longer necessary or useful as a part
  of the barge canal system, as an aid to navigation thereon, or for barge
  canal  terminal  purposes.  Upon  adoption  of  such order, and with the
  approval of the governor, the  corporation  may  sell  and  convey  such
  easement  at  private  sale  to such licensed developer. Such hydropower
  easements shall be sold for a price to be determined by the  corporation
  taking into consideration the value of obligations to be assumed by such
  licensed developer, the value of the rights granted to such developer to
  use  canal  system  lands,  waters and facilities for hydropower project
  purposes and any other appropriate factors.
    2. Any hydropower easement abandoned, sold and  conveyed  pursuant  to
  subdivision one of this section shall be limited as follows:
    (a)  The  easement  shall  convey  only  those  rights  necessary  and
  convenient for the development and generation of hydropower pursuant  to
  the  provisions  of  the  applicable federal hydropower license and only
  within the boundaries of the hydropower project as licensed.
    (b) The easement shall be subservient  to  the  fee  retained  by  the
  state.
    (c) The easement shall not give the owner the right to interfere with,
  either  by  act  or  omission,  the management and control by the state,
  through the corporation, of the barge canal system.
    (d) The easement shall provide that it shall revert to the state under
  terms and conditions to be determined by the corporation  in  the  event
  that  the  site ceases to be used for purposes of hydropower development
  and generation.
    3. The corporation may also enter into agreements with such a licensed
  developer regarding  the  division  of  maintenance  responsibility  for
  structures,  facilities  or  other  property which serve both hydropower
  generation and barge canal system purposes and regarding  other  matters
  concerning  joint operation at the site. Such agreements may provide for
  the payment to the corporation of reasonable compensation  for  services
  rendered  by  the  corporation  which  assist  or  otherwise further the
  development of hydropower on the barge canal system.  In  addition,  the
  corporation,  subject to the approval of the director of the budget, may
  enter into a written agreement with a licensed developer or operator  at
  any site concerning the sharing of costs for a major capital improvement
  or  improvements  at such site. Should the contract for such improvement
  or improvements be  let  and  awarded  by  the  corporation,  the  state
  comptroller  is  authorized  to receive and accept from the developer or
  operator, the sum or sums specified in such agreement  and  to  disburse
  the  same  along  with  state funds appropriated for the purpose of such
  capital improvement or improvements.
    4. Any revenue realized from the sale or lease of hydropower easements
  shall be deposited into the canal fund.