Section 299-P. Administration of the watershed district; powers; limitations  


Latest version.
  • 1. Administrative  head  or  body  of  district.  When  a
      watershed   district   shall   have   been  established,  the  board  of
      supervisors, with the advice of the agency, shall appoint, designate  or
      establish  an  administrative  head  or body in the manner prescribed in
      section two hundred sixty-one of this chapter  in  the  case  of  county
      water districts, as now in effect or as hereafter amended.
        2.  Powers  and duties of the district. All the provisions of sections
      two hundred sixty-one through and including two  hundred  sixty-four  of
      this  chapter in the case of county water districts, as now in effect or
      as hereafter amended, shall apply, in so far as they may be  applicable,
      to  watershed  districts  and  the  administrative  heads  of  watershed
      districts shall possess equivalent powers  and  authority  in  watershed
      district  matters,  except  that  the  power  to  purchase or condemn an
      existing water system or portion or portions thereof shall not be vested
      in or available to a watershed district or on behalf thereof.
        3. Limitations on powers and sale of  water.  The  watershed  district
      shall  not  by  construction  of  any  project  works  or facilities, or
      otherwise, damage, interrupt or interfere with  any  works,  facilities,
      project or sources of supply of any person, firm, municipal corporation,
      waterworks  corporation, public corporation, district or authority or of
      any other body or agency engaged in supplying  the  inhabitants  of  any
      municipality, political subdivision or other civil division of the state
      with  water,  nor  shall  the watershed district or agency engage in the
      supplying of water to such inhabitants. However, the watershed district,
      with the approval of the board of supervisors, may by contract agree  to
      sell  any  excess  water at wholesale to any firm, municipality or other
      public or private corporation, district or authority, or other  body  or
      agency engaged in supplying or proposing to supply such inhabitants with
      water.  All  such  contracts  shall  be of no force or effect unless and
      until the watershed district shall have received  the  approval  of  the
      water  power  and  control  commission  as required by and in the manner
      provided by article  eleven  of  the  conservation  law.  The  watershed
      district  may  also  contract for the sale of excess water directly to a
      proposed user for industrial or irrigation purposes. All  revenues  from
      such sales and other revenues of a watershed district shall be collected
      and  received  by the county treasurer, who shall keep a true account of
      all such receipts. Such  revenues  shall  be  used  for  said  watershed
      district purposes only.
        4.  Recreational  use  of  water.  The administrative head or body may
      adopt rules and regulations, subject to the approval  of  the  board  of
      supervisors, for the recreational use of the public for bathing, boating
      and fishing in and on the waters impounded in a project reservoir.
        5.  Acceptance of gifts and services. The watershed district, with the
      approval of the board of supervisors, may  accept  gifts  of  money  and
      property  from any source, public or private, and shall apply such gifts
      to  watershed  district  purposes.  The  watershed  district,  with  the
      approval  of the board of supervisors, may enter into contracts with any
      municipality or other civil division of the state and with  any  person,
      firm,  association  and public or private corporation for a contribution
      of services or other help in the construction of the project or  in  its
      maintenance.