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Show NEW YORK 539 Other elements of the statute provide that the department may re- quire any applicant to supply "any area of the state" which the department determines should be supplied with water "from the source or sources of water supply sought by the applicant";75 pro- hibit any person from transporting any surface or ground water to areas outside of the State without first obtaining the written consent of the department;76 and regulate the drilling of wells in Long Island Counties (as discussed in some detail in sec. 4, infra).77 (€) Water power (Title 17) This title provides for State regulation of hydroelectric power, and declares that whenever any person uses water for that purpose: the waters of the state over which the state has the proprietary ownership of the flow and to the use of which the state has the right paramount and ex- clusive, or concurrently with any other jurisdiction, such waters shall remain subject to the power and control of the state for purposes of regulating, li- censing, controlling, or terminating the use of the same by such person, as well as for the purpose of exacting any rental or charges therefore.78 Other sections set forth the procedure for making application for a license under the statute,79 and for the issuance of preliminary permits for the purpose of enabling applicants to secure the data and perform the acts required in order to obtain a license.80 The statute contains provisions and conditions which are to be included within licenses granted.81 A public trust is impressed upon waters impounded under the act: The waters impounded by any dam hereafter constructed for power purposes on any stream or waterway in the state, shall be impressed with a public inter- est and open to the public to fish thereon, when authorized by other applicable provisions of this chapter subject to the conditions and limitations found in section 11-1311 of this chapter.82 The basic thrust of section 11-1311 is to assure that fishing does not interfere with operation of the facility. Further, the department must "inquire and determine to its own satisfaction" that any license granted under the statute will not "impair or interfere with naviga- tion on the waters covered by the license" and, to the extent that the "public interest" requires, impose conditions in granting the license so as to protect and safeguard navigation.83 There is a basic prohibi- tion against certain diversions or uses of water unless and until (1) a license has been obtained under the statute or (2) an "equitable rental" is paid pursuant to the provisions of the statute.84 (7) Drainage {Title 19) This section of the environmental conservation law is designed to encourage the drainage of agricultural land: to the end that it may be made more productive, and in order to benefit the public health, safety and welfare.85 '«ECL sec. 15-1521. "ECL sec. 15-1505.1. "ECL sees. 15-1525 and 15-1527. WECL sec. 15-1701. ¦tcECL sec. 15-1707. «>ECL sec. 15-1709. ^ECL sec. 15-1711. MECL sec. 15-1713. «>ECL sec. 15-1715. 8*ECL sec. 15-1745. ^ECL sec. 15-1901. |