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This entry was published on 2014-09-22
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SECTION 15-1113
Existing rights and remedies preserved; limitations
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 11
§ 15-1113. Existing rights and remedies preserved; limitations.

1. Nothing in title 11 of this article is intended to or shall be
construed to alter, impair, diminish or enlarge any existing or
hereafter acquired public or private right, riparian or otherwise, or to
create any new public or private right, riparian or otherwise, with
reference to water resources and the use of the waters thereof and such
rights hereby preserved shall include, but not be limited to any such
right of the state or any agency thereof or any person or public
corporation. Any reference in this section to a public or private right
with reference to water resources and the use of the waters thereof
shall include, but shall not be limited to, any right to receive,
collect, store, control, transmit, consume, supply, sell, discharge or
dispose of water, any right to own, construct, operate and maintain any
water supply or water treatment facilities, including reservoirs, dams,
aqueducts, chlorinating and aeration plants and pumping stations, and
any right to exercise control over the level, flow, discharge or
disposition of waters, including water in reservoirs, rivers, streams
and aqueducts.

2. Nothing in title 11 of this article is intended to alter or abridge
any right of action or other remedy now or hereafter existing nor shall
any act done by virtue of title 11 of this article be construed as
estopping the exercise of such rights.

3. Nothing in title 11 of this article shall be held to repeal, limit
or modify the jurisdiction, powers and duties of any state or local
department, board, district, commission or authority, or any public
corporation, or other agency, now or hereafter possessed, or to
invalidate or modify, in whole or in part, any decision, order, license,
permit, approval, or other act, issued or taken heretofore or hereafter
by such department, board, district, commission, authority, or public
corporation or other agency, or to nullify, abate or otherwise affect
any rights acquired or action taken heretofore or hereafter pursuant to
such decision, order, license, permit, approval, or other act.

4. Nothing in title 11 of this article shall be construed as requiring
that a plan hereunder be approved for any region before any project
utilizing, affecting or involving the water resources of such region in
whole or in part may be authorized, approved, initiated or carried out
within or without such region.