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Show 538 NEW YORK (4) Comprehensive public water supply studies and reports (Title 13) Under this title, the department and the commissioner of health aid in planning and financing public water supply systems.64 The latter phrase is defined in the statute to mean: the public treatment facilities, transmission facilities and source of supply facilities to provide water for residential, commercial, industrial and fire service needs for areas located in two or more municipalities.85 The department promulgates rules and regulations to effectuate the act, receives applications for State aid, approves planning pro- posals upon recommendation of the commissioner of health, and makes certain recommendations to the commissioner of health.66 The commissioner of health reviews plans prior to their execution and makes recommendations to the department; advises applicants of the approval of their proposals; executes contracts with, and approves the amount of compensation for, consulting engineering services re- quired for the studies; and approves payment of vouchers where State financial aid has been granted,67 which, upon approval of the commissioner, may cover the entire cost of a comprehensive study and report.68 (5) Water supply {Title 15) This part of the environmental conservation law requires that ap- proval of the department be obtained before any person or entity engages in activities to develop and distribute water for potable sup- ply, for irrigation of agricultural lands, for multipurpose projects authorized under title 11 (local and regional water resources plan- ning and development), and for certain other projects.69 The statute sets forth a number of matters that require specific consideration by the department,70 and grants certain exemptions for extending, re- constructing, or replacing existing municipal water supply plants and county water authority facilities.71 Statutory procedures govern notice and hearing for review and approval of plans submitted,72 and of particular interest is the directive to the department that particular consideration be given to: whether the plans make fair and equitable provisions for the determination and payment of any and all legal damages to persons and property both direct and indirect which will result from the execution of the plans or the acquiring of * * * lands.™ A number of provisions relate to municipal water supply reservoirs on forest preserve lands, procedures to process applications for such reservoirs on forest preserves, payment of costs of construction, supervision of construction and operation, conveyance to the State by the applicant of all reservoir project lands not otherwise owned by the State, and requirements for keeping such reservoirs in repair.74 «*ECL sees. 15-1301 through 15-1311. osECL sec. 15-1301.2. 88ECL sec. 15-1303. «'BCL sec. 15-1305. 88ECL sec. 15-1309. 69ECL sec. 15-1501.1. ™ECL sees. 15-1501.1.a through 15-1501.1.h. "ECL sec. 15-1501.2. 72ECL sec. 15-1503. TCECL sec. 15-1503.4. «ECL sees. 15-1507 through 15-1519. |
