2006 New York Code - Construction Of Reservoir On State-owned Lands In A Forest Preserve.

 
  § 15-2317. Construction  of  reservoir  on state-owned lands in a forest
               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.