S T A T E   O F   N E W   Y O R K
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                                  8806

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 9, 2009
                               ___________

Introduced  by M. of A. SWEENEY -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to water
  withdrawal reporting and water withdrawal permits

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  15-3301 of the environmental
conservation law, as added by section 1 of part CCC of chapter 59 of the
laws of 2009, is amended to read as follows:
  1. Any person who withdraws or is operating any system  or  method  of
withdrawal  that has the capacity to withdraw more than [100,000] 50,000
gallons of groundwater or surface water per day at  a  single  tract  of
land,  water  source  or  place of business shall file a report with the
department.  Such report shall be filed on or before February first, two
thousand ten and every February first thereafter. Any  report  filed  in
two  thousand  ten  shall  be  based on those calendar months commencing
after the effective date of this section. The report shall be made on  a
form and contain such information as may be prescribed by the department
and  shall  be  based on the water withdrawals for the previous calendar
year, and shall include but not be limited to:
  (a) the water source, the location of the water source and the  source
capacity if known;
  (b)  the  amount  AND  FREQUENCY  of water withdrawn for the reporting
period, including the average or peak withdrawals for  intervals  speci-
fied by the department;
  (c) a description of the use of the water withdrawn; and
  (d)  estimated  amounts of water to be returned, if any, the locations
of such returns and the method of such returns.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 15-3303 to read as follows:
S 15-3303. WATER WITHDRAWAL PERMITS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14092-01-9
              

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  1. (A) BEGINNING SEPTEMBER FIRST, TWO THOUSAND TEN, NO PERSON OR ENTI-
TY  SHALL  UNDERTAKE  ANY NEW ACTION THAT MAY CAUSE OR CONTRIBUTE TO THE
WITHDRAWAL OF MORE THAN  100,000  GALLONS  PER  DAY  OF  GROUNDWATER  OR
SURFACE WATER OR BOTH, UNLESS SUCH PERSON OR ENTITY HAS OBTAINED A WATER
WITHDRAWAL PERMIT FROM THE DEPARTMENT.
  (B)  BEGINNING  SEPTEMBER  FIRST,  TWO THOUSAND THIRTEEN, NO PERSON OR
ENTITY SHALL UNDERTAKE ANY ACTION THAT MAY CAUSE OR  CONTRIBUTE  TO  THE
WITHDRAWAL  OF MORE THAN 100,000 GALLONS OF WATER PER DAY OF GROUNDWATER
OR SURFACE WATER OR BOTH, UNLESS SUCH PERSON OR ENTITY  HAS  OBTAINED  A
WATER WITHDRAWAL PERMIT FROM THE DEPARTMENT.
  (C)  A  PERMIT ISSUED PURSUANT TO THIS SECTION SHALL BE VALID FOR FIVE
YEARS FROM THE DATE OF ISSUANCE.  THE DEPARTMENT SHALL CHARGE A FEE  FOR
SUCH PERMIT IN THE FOLLOWING AMOUNTS:
  (I) $1,000 FOR WITHDRAWALS OF 100,000 OR MORE GALLONS PER DAY;
  (II) $2,000 FOR WITHDRAWALS OF 250,000 OR MORE GALLONS PER DAY;
  (III) $3,000 FOR WITHDRAWALS OF 500,000 OR MORE GALLONS PER DAY;
  (IV) $4,000 FOR WITHDRAWALS OF 750,000 OR MORE GALLONS PER DAY;
  (V) $5,000 FOR WITHDRAWALS OF 1,000,000 OR MORE GALLONS PER DAY.
  2. THE FOLLOWING WATER WITHDRAWALS ARE EXEMPT FROM THE PERMIT REQUIRE-
MENT ESTABLISHED BY SUBDIVISION ONE OF THIS SECTION:
  (A)  A WITHDRAWAL FOR EMERGENCY FIRE SUPPRESSION OR OTHER PUBLIC EMER-
GENCY PURPOSES;
  (B) A WITHDRAWAL REPORTED TO THE DEPARTMENT  UNDER  ANY  PROGRAM  THAT
REQUIRES  THE  REPORTING  OF SUBSTANTIALLY SIMILAR DATA, INCLUDING WITH-
DRAWALS REGULATED BY THE SUSQUEHANNA RIVER BASIN COMPACT,  THE  DELAWARE
RIVER  BASIN  COMPACT,  THE  GREAT  LAKES-ST. LAWRENCE RIVER BASIN WATER
RESOURCES COMPACT, VALID PUBLIC WATER SUPPLY PERMITS, PERMITS  FOR  LONG
ISLAND  WATER  WELLS  AND  PERMITS ISSUED PURSUANT TO SECTION 15-1505 OF
THIS ARTICLE;
  (C) A WITHDRAWAL FOR DOMESTIC, RESIDENTIAL USE;
  (D)  WITHDRAWAL  FOR  AGRICULTURAL  PURPOSES,  PUBLIC  WATER  SYSTEMS,
PROVIDED  HOWEVER THAT WITHDRAWALS FOR SUCH PURPOSES SHALL BE SUBJECT TO
THE REPORTING REQUIREMENTS OF SECTION 15-3301 OF THIS TITLE;
  (E) CLOSED LOOP, STANDING COLUMN, OR SIMILAR NON-EXTRACTIVE GEOTHERMAL
HEAT PUMPS; AND
  (F) RECLAIMED WASTEWATER WITHDRAWN FOR REUSE.
  3. THE DEPARTMENT SHALL ONLY APPROVE A WATER WITHDRAWAL PERMIT  APPLI-
CATION IF IT MEETS THE FOLLOWING CRITERIA:
  (A) THE PROPOSED USE WILL NOT DAMAGE EXISTING WATER RIGHTS;
  (B)  THE  WATER  SOURCE  IS SUFFICIENT FOR THE PURPOSE OF THE PROPOSED
WITHDRAWAL AND WILL NOT ADVERSELY IMPACT THE  NATURAL  REPLENISHMENT  OR
SAFE YIELD OF THE WATER RESOURCES;
  (C) THE PROPOSED WITHDRAWAL WILL NOT VIOLATE STATE WATER QUALITY STAN-
DARDS;
  (D)  THE PROPOSED WITHDRAWAL WILL NOT ADVERSELY AFFECT EXISTING GROUND
OR SURFACE WATER USERS;
  (E) THE PROPOSED WITHDRAWAL WILL  NOT  ADVERSELY  IMPACT  THE  STATE'S
NATURAL  RESOURCES,  INCLUDING  WETLANDS, RIVERS, STREAMS, AND AQUIFERS,
NOR ADVERSELY IMPACT THE PROPAGATION AND MANAGEMENT OF  FISH  AND  OTHER
AQUATIC LIFE, WILDLIFE AND THE PRESERVATION OF ENDANGERED SPECIES;
  (F)  THE PROPOSED WITHDRAWAL WILL NOT HAVE A SIGNIFICANT IMPACT ON THE
QUALITY OF THE WATER AND WATER DEPENDENT RESOURCES; AND
  (G) THE WITHDRAWAL IS CONSISTENT WITH THE STATE'S  WATER  CONSERVATION
GOALS INCLUDING THE FOLLOWING:
  (I)  APPLICATION  OF  BEST  MANAGEMENT  PRACTICES TO DETECT AND REPAIR
WATER LEAKS;

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  (II) IDENTIFICATION AND INSTALLATION  OF  STATE-OF-THE-ART  WATER-CON-
SERVING FIXTURES;
  (III) EMPLOYEE TRAINING REGARDING APPROPRIATE WATER CONSERVATION TECH-
NIQUES;
  (IV)  PUBLIC EDUCATION REGARDING WATER CONSERVATION IN CONNECTION WITH
THE USE OF WATER FOR WHICH THE APPLICANT'S PERMIT IS GRANTED; AND
  (V) OTHER WATER CONSERVATION MEASURES AND GOALS AS PROSCRIBED  INCLUD-
ING  PRICING,  CONSERVATION  MEASURES,  DROUGHT PROTECTION MEASURES, AND
LIMITING UNACCOUNTED-FOR WATER.
  4. REVENUE RECEIVED FROM THE PERMITS ISSUED PURSUANT TO  THIS  SECTION
SHALL  BE  DEPOSITED  TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  S 3. The department of environmental conservation  shall  adopt  rules
that  establish water use standards for maintaining in-stream flows that
are protective of aquatic life and other uses and that establish  crite-
ria  for  designating watersheds most at risk from cumulative water use.
Standards adopted under this section must be based on the natural  vari-
ation of flows and water levels, allowing variances if use will still be
protective of water quality within that classification.
  S 4. This act shall take effect immediately.