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Show NEW YORK 563 regard, it will be remembered that section 15-0105.5 provides that "use of water for domestic and municipal purposes shall have prior- ity over all other purposes," but this might not have any significant impact on private rights, for two reasons. First, the act probably applies only to water supplies developed under the act, and the act declares that it is not to adversely affect private rights. Second, there is no statutory authorization for the department of environmental conservation (or anyone else) to regulate or administer ground water use, or to allocate permits for different types of use. There are, however, limited restrictions on the drilling of wells. Well drillers are required to obtain certificates from the department before drilling wells in Kings, Queens, Nassau, and Suffock Counties. The statute sets forth the procedure to be followed in applying for a permit, and requires that a preliminary report be filed with the department before drilling operations begin on any well, and that following completion a report be filed: giving the log of the well, the size and depth thereof, the capacity of the pump or pumps attached or to be attached thereto, and such other information per- taining to the withdrawal of water and operation of such well or wells as the department by its rules and regulations may require.8*7 Persons and public corporations are prohibited from installing or operating any new wells in the four counties above named, when the aggregate capacity of such new wells would exceed 45 gallons per minute, without first obtaining approval of the Department.228 The Department is to subject all such applicants to the same require- ments and conditions which would be applicable if they were supply- ing or proposing to supply water to the inhabitants of a municipal corporation or other civil division of the State, and may impose con- ditions to protect the interests of both the applicant and the public and may issue limited or revocable permits for such wells.229 The act does not apply to the use of water for agricultural pur- poses, nor to the installation of a fire well to which no pumping equipment is permanently attached, when such well is installed by a municipal corporation, fire district, fire company, or fire department.230 Publications Available Institution for water resource research: Water Resources and Marine Sciences Center Cornell University 468 Hollister Hall Ithaca, N.Y. 14850 607-256-5020 or 2385 Publications Farnham, Improvement and Modernization of New York Water Law Within the Framework of the Riparian System, 8 Land and Water Tu Rev. 377 (1968). Note, Water Resources-The Interests and Rights Therein, of the Citizen- Beneficiary: A Discussion of Hew York Law, 21 Syracuse L. Rev. 1173 (1970). Note, Water Pollution Control in New York, 31 Albany L. Rev. 50 (1967). Note, Right of a Downstream Riparian Owner to Enjoin Upstream Pollution, 27 Albany L. Rev. 64 (1963). Note, Navigable Water-Use by Pleasure Boats as Test Whether Man-made Stream is Public Water, 33 N.Y.U.L. Rev. 229 (1958). 2»ECL Sec. 15-1525.3. «z8 ECL Sec. 15-1527.1. sb»ECL Sec. 15-1527.2. mo ECL Sec. 15-1527.3. 499-242-73------37 |