Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 15-1745
Prohibited diversions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 17
§ 15-1745. Prohibited diversions.

1. Unless a license has been obtained therefor under this title, or
the diversion of such waters is subject to the charging or imposition of
an equitable rental under this title, it shall be unlawful for any
person or public corporation who has been notified by the department to
desist from such conduct, to willfully take, divert, draw or make use
of, for power and/or other commercial or manufacturing purposes:

a. waters, or the bed or other real property required for the use of
such waters, in which the state has a proprietary right or interest;

b. boundary waters of the state concerning which the state has
jurisdiction over the diversion or interference with the flow of the
same for power purposes, solely or concurrently with any other
jurisdiction or owner of a proprietary right.

2. The use of such water, except when the right to the use thereof has
been acquired by means of a written license issued pursuant to the
provisions of title 17 of this article, or when the diversion of such
water is subject to the charging or imposition of an equitable rental
pursuant to the provisions of subdivision 1 of section 15-1719 of this
article, shall be prima facie evidence of the wilfulness of the taking,
drawing, diversion or use thereof and of the guilt of the person taking,
diverting or making use thereof.