Section 15-1719. Equitable rental for Niagara River water

The  department  shall  have  the  power to fix and determine, after a
  hearing held upon notice to the parties interested,  the  amount  of  an
  equitable  rental,  which is hereby charged pursuant to the reservations
  made in chapter 597 of the laws of 1918 for the diversion, as  specified
  in  such  chapter,  of water from the Niagara River in excess of a daily
  diversion at the rate of fifteen thousand one  hundred  cubic  feet  per
  second,  and also, from July 1, 1943, the amount of an equitable rental,
  which is hereby charged, for the diversion of  water  from  the  Niagara
  River to the extent of a daily diversion at the rate of fifteen thousand
  one  hundred  cubic  feet  per  second  and not otherwise subject to the
  imposition of an equitable rental as specified  in  such  chapter.  Such
  rental  shall  be fixed in like manner as if application were made for a
  license under the provisions of title 17  of  this  article  before  the
  water  was  used, and the people of the state may sue for and collect in
  behalf of the state such rentals as so fixed and determined.