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This entry was published on 2014-09-22
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Supplying deficiencies of water
§ 80. Supplying deficiencies of water. Whenever the navigation of any
part of the canal system is endangered by reason of a deficiency of
water, the corporation shall, without delay, supply such deficiency. For
that purpose it shall resume the temporary use of all the surplus water
leased, licensed or withdrawn under revocable permit from the part of
the canal system where such deficiency exists. If there still be a
deficiency of water, it may enter upon and use all lands, streams and
waters which, in its judgment, may be necessary or proper to be used to
procure a temporary supply of water for such part of the canal system.
The corporation may enter into an agreement with the owner or owners of
any property used for such temporary purpose under this section covering
the amount of damage sustained. Such agreement when approved by the
attorney-general shall become an obligation of the corporation and paid
from moneys available therefor. In case no agreement is consummated the
amount of damages sustained may be determined as provided in section one
hundred twenty of this chapter. No damages shall be allowed in any case
for resuming the use of any surplus water which has been withdrawn under
lease, license or revocable permit.