Section 21-1009. Grievances

1. For the purposes of section 7.3 of the Compact, a person shall be
  aggrieved only when they have exhausted all rights and remedies afforded
  pursuant  to  article  seventy-eight of the civil practice law and rules
  and:
    a. there is interference with a  present  use  of  the  water  by  the
  complaining  person  or  an  interference  with the complaining person's
  present enjoyment of riparian land occurring prior  to  suit,  or  which
  will immediately occur when the withdrawal complained of is begun;
    b. a decrease in the market value of the complaining person's interest
  in riparian land occurring prior to suit or which will immediately occur
  when the withdrawal complained of is begun, regardless of whether his or
  her  use  of the water or enjoyment of riparian land was interfered with
  prior  to  suit,  or  will  be  immediately  interfered  with  when  the
  withdrawal complained of is begun; or
    c.  the  complaining  person  is  an  applicant,  and  the complaining
  person's application is denied or modified in whole or in part.
    2. Nothing contained in this section shall, however, be  construed  as
  depriving  any person of any remedy either at law or in equity, which he
  or she now has, or may hereafter acquire, under the laws of this state.
    * NB Repealed December 31, 2011 unless  the  congress  of  the  United
  States  has  given its consent and approval to the Compact prior to such
  date; or repealed in the event the Compact  is  terminated  pursuant  to
  article 8 of the Compact.