Laws of New York (Last Updated: November 21, 2014) |
ENV Environmental Conservation |
Article 15. WATER RESOURCES |
Title 16. GREAT LAKES WATER CONSERVATION AND MANAGEMENT |
Section 15-1601. Legislative findings and declarations
Latest version.
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1. The legislature finds and declares that: a. All the waters of the state are valuable public natural resources held in trust by this state, and this state has a duty as trustee to manage its waters effectively for the use and enjoyment of present and future residents and for the protection of the environment. b. The Congress of the United States, in Public Law 99-662, has found and declared that: (1) the Great Lakes are a most important natural resource to the eight Great Lakes states and two Canadian provinces, providing a water supply for domestic and industrial use, clean energy through hydropower production, an efficient transportation mode for moving products into and out of the Great Lakes region, and recreational uses for millions of United States and Canadian citizens; (2) the Great Lakes need to be carefully managed and protected to meet current and future needs within the Great Lakes basin and Canadian provinces; (3) any new diversions of Great Lakes water for use outside of the Great Lakes basin will have significant economic and environmental impacts, adversely affecting the use of this resource by the Great Lakes states and Canadian provinces; and (4) four of the Great Lakes are international waters and are defined as boundary waters in the Boundary Waters Treaty of 1909 between the United States and Canada, and as such any new diversion of Great Lakes water in the United States would affect the relations of the government of the United States with the government of Canada. c. The Congress of the United States has established a purpose and policy in Public Law 99-662: (1) to take immediate action to protect the limited quantity of water available from the Great Lakes system for use by the Great Lakes states and in accordance with the Boundary Waters Treaty of 1909; (2) to prohibit any diversion of Great Lakes water by any state, federal agency, or private entity for use outside the Great Lakes basin unless such diversion is approved by the governor of each of the Great Lakes states; and (3) to prohibit any federal agency from undertaking any studies that would involve the transfer of Great Lakes water for any purpose for use outside the Great Lakes basin. d. The interbasin diversion and consumptive use of the waters of the Great Lakes basin may have a significant adverse impact on the environment, economy and welfare of this state. e. Increased attention to conservation and management measures is necessary to ensure the protection of the waters of the Great Lakes basin. f. The waters of the Great Lakes basin are a valuable public natural resource and the states and provinces of the Great Lakes region and New York state share a common interest in the preservation of that resource. g. The waters of the Great Lakes basin are interconnected and are part of a single hydrologic system. h. The continued availability of water for domestic, municipal, industrial and agricultural water supplies, navigation, hydroelectric power and energy production, recreation, the maintenance of fish and wildlife habitat and a balanced ecosystem are vital to the future economic health of the states and provinces of the Great Lakes region and to New York state. i. Without careful and prudent management, future interbasin diversions and consumptive uses of Great Lakes water may have significant adverse impacts upon the environment, economy and welfare of the Great Lakes region and of New York state. j. All of the states and provinces of the Great Lakes region have a duty to protect, conserve and manage their shared water resources for the use and enjoyment of present and future residents. k. The states and provinces of the Great Lakes region have the right to represent and protect their rights and interests in the water and other natural resources of the region in which the state or province is located. 2. The purposes of this title are to: a. Protect and promote the conservation and management of the waters of the Great Lakes basin. b. Provide a first step towards the implementation of the principles of the Great Lakes charter and of the state's commitment to the principles and programs identified in the charter. c. Require registrations of major withdrawals of the waters of the Great Lakes basin. d. Authorize cooperative and coordinated action with other states and provinces to conserve and protect the water resources of the Great Lakes basin. e. Authorize this state to act to protect its rights when certain existing or proposed water losses, whether inside or outside of this state, threaten to affect the level, flow, use or quality of the waters of the Great Lakes basin. f. Establish a procedure by which the governor will approve or disapprove, as required by Public Law 99-662, of proposed interbasin diversions of Great Lakes water.