2018 New York Laws
ENV - Environmental Conservation
Article 15 - Water Resources
Title 33 - Source Water Protection Projects
15-3303 - Land Acquistion Projects for Source Water Protection.

§ 15-3303. Land acquisition projects for source water protection.
1.  The  commissioner  is  authorized  to  provide state assistance to
  municipalities,  not-for-profit  corporations   and   soil   and   water
  conservation districts to undertake land acquisition projects for source
  water  protection, in cooperation with willing sellers. Land acquisition
  projects for source water protection shall support,  expand  or  enhance
  drinking   water  quality  protection,  including  but  not  limited  to
  aquifers, watersheds, reservoirs, lakes, rivers and streams.
2. a. Any  buffer  encumbered  by  a  conservation  easement  acquired
  pursuant  to  this  section  that  encumbers  lands used in agricultural
  production as defined in section three hundred one  of  the  agriculture
  and  markets  law  in  a  county designated state certified agricultural
  district created under section three hundred three  of  the  agriculture
  and  markets  law  may  allow  agricultural activity that qualifies such
  lands, provided such activity on such lands  does  not  impair  drinking
  water and complies with an agricultural environmental management program
  plan  developed  by  the state soil and water conservation committee, in
  partnership with the department.
b. Notwithstanding any limitations provided herein on  lands  acquired
  pursuant to this title a license or easement may be granted by the owner
  of such property to a public utility for a public purpose.
3. In evaluating land acquisition projects for source water protection
  pursuant to this section, the department shall give priority to projects
  which   protect  or  recharge  drinking  water  sources  and  watersheds
  including riparian buffers and wetlands.
4. a. No state assistance may be provided pursuant to this section  to
  fund  any land acquisition project which is undertaken by eminent domain
  unless such process is undertaken with a willing seller.
b. The department shall not provide funding pursuant to this title for
  any  land  acquisition  project  for  source  water  protection   by   a
  not-for-profit  corporation,  if  any town, village or city within which
  such a  project  is  located,  by  resolution,  within  ninety  days  of
  notification  by  such  corporation  of  its  interest in acquiring such
  projects, objects to such acquisition.
5. Consistent with section eleven-b of the soil and water conservation
  districts law, the soil and water conservation committee in consultation
  with the commissioner  of  agriculture  and  markets  is  authorized  to
  provide  state assistance payments to county soil and water conservation
  districts, within amounts appropriated, for  land  acquisition  projects
  for  source  water  protection  projects  to  support, expand or enhance
  drinking  water  quality  protection,  including  but  not  limited   to
  aquifers,  watersheds,  reservoirs,  lakes,  rivers  and  streams.  Such
  committee shall give priority to projects which establish  buffers  from
  waters which serves as or are tributaries to drinking water supplies for
  such projects using state assistance pursuant to this section.
6.   Real   property   acquired,   developed,  improved,  restored  or
  rehabilitated by or through a municipality or not-for-profit corporation
  with funds made available pursuant to this  title  shall  not  be  sold,
  leased,  exchanged,  donated  or otherwise disposed of or used for other
  than the public purposes of this title without the express authority  of
  an  act  of the legislature, which shall provide for the substitution of
  other lands of equal environmental  value  and  fair  market  value  and
  reasonably   equivalent   usefulness   and   location  to  those  to  be
  discontinued, sold or disposed of, and such other requirements as  shall
  be approved by the commissioner.
7. If the state acquires a real property interest in land purchased by
  a  municipality  or not-for-profit with funds made available pursuant to
  this title, the state shall pay the fair market value of  such  interest

  less  the  amount  of  funding  provided  by  the state pursuant to this
  section.
8. To the fullest extent practicable, it is the policy of the state to
  promote an equitable regional distribution of funds, consistent with the
  purpose of this section.