Section 15-1749. Previous grantees not to divert waters without a license

A  person or corporation, other than a municipal corporation, claiming
  or purporting to have, or to have had, by  general  or  special  act  or
  other  grant  from  the state, the right to divert water from Lake Erie,
  Niagara River or the boundary waters of the  state,  or  to  divert  any
  waters  in  which the state has a proprietary interest, or the successor
  in interest of such a corporation, whether or not there has been  or  is
  now  an  actual  diversion  of  waters or development of power therewith
  pursuant to such act or grant, may apply for a license under title 17 of
  this article to divert such waters and  shall  not  divert  such  waters
  without  having  obtained  such  license,  unless  the diversion of such
  waters is subject to the charging or imposition of an  equitable  rental
  pursuant  to  the  provisions  of  title  17  of this article, and shall
  otherwise be subject to the provisions of title 17 of this article.