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Show 530 NEW YORK that he must initiate action to avoid being subsequently foreclosed by the maturation of prescriptive rights in the user. 2.3 Other Agencies Having Water Resource Responsibilities In 1972, the New York Legislature enacted a new environmental conservation law, which became effective September 1, 1972.6 The notion that State legislation concerning conservation and use of natural resources is a rapidly developing and changing area of the law is witnessed by the fact that the 1972 law was a repeal, revision, reenactment, and recodification of a comprehensive law bearing the same title that had been enacted in 1970.7 A more dramatic illustra- tion is the fact that from 1951 through the close of the 1966 legisla- tive session, New York's earlier conservation law was amended more than 1,400 times.8 Most of the amendments did not involve significant substantive changes in the institutional framework, but many of them did, and the salient observation is that in New York, as elsewhere, State organizational structures and institutional arrangements in the field of water resources are in a process of fast-paced evolution and refinement. A bird's eye view of New York's principal structure for water resource management can best be obtained by summarizing the major components of the 1972 act which relate to water use and conserva- tion. Before doing so, however, some general observations should be made at this juncture in order to avoid repeating them with respect to each component, article, or title of the act. First of all, the act operates essentially to transfer a number of major responsibilities to the department of environmental conservation, and much support- ing legislation for various functions still remains in other statutes. Secondly, the act consistently provides for notice and hearing prior to any decisions by the department which would have a direct and material effect upon private rights or interests, and judicial review is authorized for persons who are aggrieved by such decisions. As a final note, the act provides in a number of places that private riparian rights and other vested rights are not to be affected by the act, but, of course, they are affected. Every dam or other structure which is authorized or constructed under the act, and which thus alters the natural streamflow, has some effect on riparian rights (even though they be unused) as do regulations to improve water quality (although here the effect should be salubrious). In this regard it can be said that: (1) To the extent that riparian rights are affected but not harmed by activities or projects authorized under the act, such activities and projects are declared by statute to be legal and reasonable water uses and they cannot be enjoined, nor can damages be awarded; and (2) to the extent that riparian rights (or other private property) are taken or damaged as part of project develop- ment, the act provides measures to assure that reasonable compensa- tion is or will be paid as part of the process of approving the project. And, of course, judicial review is always available. «ECL sec. 1-0101 through 71-3503. 'L. 1970, ch. 140, effective July 1, 1970. 8 Conservation law III (explanation, preceding art. XIV of constitution). |