OCR Text |
Show 528 NEW YOEK New York has comprehensive legislation relating to water use planning and management, as well as numerous provisions to en- courage and control water conservation, drainage, storage, and im- poundments, navigation, water quality, water supply, fish and wild- life, and water based recreation. In recent years, such legislation has been frequently and substantially amended, no doubt due in large part to the studies and reports made by the New York Temporary State Commission on Water Resources Planning. The most recent major legislative overhaul was enactment of a new environmental conservation law which became effective September 1, 1972. This legislation does not go so far as to supervise, administer, or regulate water use under riparian rights (other than for water qual- ity control), nor does it establish any administrative forum to aid in the resolution of water use disputes between riparians. However, the absence of such legislation is the rule rather than the exception in riparian jurisdictions, because riparian rights are not quantified so as to lend themselves to administrative controls. New York has, how- ever, enacted a harmless use statute which eliminates much unneces- sary litigation and which facilitates water development and use in that State. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights As just noted, New York has no administrative machinery to dis- tribute, regulate, or control water use by riparian owners in the exer- cise of their riparian rights. Even though riparian rights are not administered, it must be observed that a substantial amount of water use is administered. This is so because there are a number of water supply entities that are subject to State controls, and which, in turn, exercise control over water allocation and use within their service areas. Thus, these agencies play an important role in water adminis- tration in the State, and the statutes under which they are organized and operate are discussed in section 2.3, infra. 2.2 Resolution of Water Use Conflicts In the West, many States have administrative officers who make preliminary findings and determinations to resolve private water use conflicts, and who often aid the courts in general adjudications of water rights on stream systems. These procedures and functions are largely alien to riparian jurisdictions, and New York has no such system. New York does have an interesting provision in its harmless use statute, which authorizes declaratory judgment proceedings, as follows: Any person desirous of ascertaining the extent of the rights and privileges of himself and others in the water of or with respect to the natural condition of such a natural watercourse or lake may maintain an action for a declaratory judgment defining the extent of such rights and privileges. Neither proof of present harm nor of the likelihood of future harm to the plaintiff from an |