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Show Chapter 32. NEW YORK CONTENTS Page 1. Development of New York Water Law__________.....__________ 527 2. State Organizational Structure for Water Administration and Control.- 528 2.1 Administration of Water Rights_______________........_ 528 2.2 Resolution of Water Use Conflicts_____________________ 528 2.3 Other Agencies Having Water Resource Responsibilities____ 530 3. Surface Waters_______________________________.......______ 543 3.1 Method of Acquiring Rights__________________________ 543 3.2 Nature and Limit of Rights__________________________ 544 3.3 Changes, Sales, and Transfers_________________________ 552 3.4 Loss of Rights____________________________________ 554 3.5 Storage Waters, Artificial Lakes, and Ponds______________ 554 3.6 Springs..........__________________________________ 555 3.7 Diffused Surface Waters_____________________________ 556 4. Ground Water_____________.....__________________________ 557 Publications Available________________________________________ 563 DISCUSSION 1. Development of New York Water Law Perhaps New York's Legislature provided its own summary of the importance of water to that State: New York State has been generously endowed with water resources which have contributed and continue to contribute greatly to the position of pre- eminence attained by New York in population, agriculture, commerce, trade, industry, and outdoor recreation.1 New York is, of course, a riparian jurisdiction. The case law is not remarkable. The water resource legislation is. Some writers have said the New York courts have never made clear whether the State follows the natural flow or the reasonable use meas- ure of permissible water use by riparians, but it seems that the cases in fact-if not always in theory-show acceptance of reasonable use principles. Be that as it may, a 1966 statute effectively imposed a reasonable use regime upon the State. Diffused surface water may be captured and used by any owner of land upon which such water is found, and rules regulating disposal of such water have emerged from original adoption of the common law rule. With respect to ground water, the rules are not clear, but the cases have said that the owner of overlying land may withdraw and use percolating water without limit or restriction, so long as his use is confined to his overlying land and so long as such percolating water is not a source of supply for underground streams or surface watercourses. If underground water flows in an underground stream, or is tributary to either an underground or surface stream, then it seems that rules of reasonable use apply. 1 McKlnney's Console. L. N. Y> Ann., environmental conservation law, sec. 15-0103.2 (effective Sept. 1, 1972). Hereafter, the environmental conservation law will be cited as ECL sec.------. 527 |