2006 New York Code - Registration Of Water Withdrawals.

 
  § 15-1605. Registration of water withdrawals.
    1.  Except  as provided in subdivision five of this section, no person
  shall begin, on or after the effective date of this title, a  withdrawal
  of Great Lakes water that will average in excess of one hundred thousand
  gallons  per  day  in  any  consecutive  thirty-day period without first
  registering the  proposed  withdrawal  with  the  department.    Persons
  withdrawing  water  for  agricultural purposes, except those withdrawals
  subject to the provisions of section 15-1607 or 15-1613 of  this  title,
  shall  register  their  water  use  with  the  department  if the actual
  withdrawal averaged in excess of one hundred thousand gallons per day in
  any consecutive thirty day period.
    2. Except as provided in subdivision five of this section, all persons
  withdrawing in excess of an average of one hundred thousand gallons  per
  day  in  any  consecutive  thirty-day period as of the effective date of
  this title shall, within one year of the effective date of  this  title,
  register such withdrawal with the department.
    3.  a.  Each registration under subdivision one or two of this section
  shall consist of a statement of and supporting documentation which shall
  include the following:
    (1) The place and source of the proposed or existing withdrawal;
    (2) The location of any discharge or return flow;
    (3) The location and nature of the proposed or existing water use;
    (4) The actual or estimated average annual  and  monthly  volumes  and
  rates of withdrawal; and
    (5)  The  actual  or  estimated average annual and monthly volumes and
  rates of water loss from the withdrawal.
    b. Each registration under subdivision one  or  two  of  this  section
  concerning  a  withdrawal  that will result in a water loss averaging in
  excess of two million gallons per day  in  any  consecutive  thirty  day
  period  shall  also  provide a statement of and supporting documentation
  which shall include the following:
    (1) The operating capacity of the withdrawal system identified in  the
  registration;
    (2)  If  the registration includes a proposed withdrawal increase, the
  total new or increased operating capacity of the withdrawal system;
    (3) The estimated average annual and monthly  rates  of  discharge  or
  return flow;
    (4)  A  list  of  all  federal,  state,  and local approvals, permits,
  licenses and other authorizations required for the existing or  proposed
  withdrawal.
    4.  In  calculating  the  total  amount  of  an  existing  or proposed
  withdrawal  for  the  purpose  of  determining  the   applicability   of
  subdivision  one  or  two  of  this  section, a person shall combine all
  separate withdrawals which the person makes or proposes to make, whether
  or not such withdrawals are for a single purpose or are for related  but
  separate purposes.
    5. Registration is not required for:
    a. A person holding a permit under title eight of article seventeen of
  this  chapter or the Federal Water Pollution Control Act, as amended, 33
  USC §§ 1251 et seq., if the department  has  established  a  water  loss
  coefficient,  based  on  flow  diagrams  and other water use information
  provided by the permittee, that the department  uses  to  calculate  the
  permittee's water loss.
    b.  A person withdrawing water pursuant to a valid water supply permit
  or a permit to transport water by vessel pursuant to  title  fifteen  of
  this article.
    6. Each person who registers a withdrawal under subdivision one or two
  of  this  section shall report the volume and rate of withdrawal and, if
  applicable, the volume and rate of water loss from the withdrawal to the
  department in the form and at the times required by the department.
    7.  Registrations  shall  be valid for a period of two years, provided
  however that persons who withdraw water for an agricultural purpose  may
  register annually.
    8.  The  department  is authorized to assess a registration fee of two
  hundred dollars which shall be paid  at  the  time  of  registration  or
  registration   renewal,  provided  however  that  the  fee  for  persons
  withdrawing water for agricultural purposes who register annually  shall
  be one hundred dollars.
    9.  The  department  may  contract  with  the  state  soil  and  water
  conservation  committee  for  the  preparation   and   distribution   of
  informational  materials  to persons who withdraw water for agricultural
  purposes, regarding the purposes,  benefits  and  requirements  of  this
  title,  and  which  may  also  provide information on complying with the
  registration program and  on  any  general  or  applicable  methods  for
  calculating or estimating water withdrawals or water loss.
    10.  Within  eighteen  months following receipt of the registration of
  water  withdrawals  information  the   department   shall   prepare   an
  environmental  impact  statement  on  water  withdrawals and consumptive
  uses, and their impact on water quality and quantity in the Great  Lakes
  basin. The department, in consultation with the water resources planning
  council, shall also prepare recommendations for a regulatory program for
  water  use and withdrawals from the Great Lakes basin. The environmental
  impact statement and recommendations for a regulatory program  shall  be
  submitted to the governor, the temporary president of the senate and the
  speaker of the assembly by January first, nineteen hundred ninety-three.