Section 38. Lake George water levels

Any dam or other similar structure so
  located in the outlet of Lake George as to affect the  water  levels  of
  the  lake  shall,  with  due  allowance  for fluctuations due to natural
  causes or to emergencies and for a reasonable use of water for power and
  for sanitary purposes, be operated in such a manner as to  maintain  the
  waters  of  the  lake from the first day of June to the thirtieth day of
  September in each year as nearly as may be at an average level of  three
  and  five-tenths feet on the gage of the United States Geological Survey
  at Rogers Rock on Lake George, known as Rogers Rock gage, and in such  a
  manner  as  to  maintain  the  waters  of the lake from the first day of
  October to the first day of December at a level  which  shall  not  fall
  below  two  and  five-tenths feet on said gage; and, consistent with the
  above mentioned fluctuations and reasonable use, the waste gates of  any
  such  dam  or  other  structure shall be operated so that, to the extent
  possible, the waters of the lake will not be permitted to rise  above  a
  level  of  four feet on such gage at any time during the year or to fall
  below a level of two and five-tenths feet on said gage at any time after
  the first day of June and prior to the first  day  of  December  in  any
  year.  If  at any time during the year the waters of the lake shall rise
  above such level of four feet any person owning or operating such dam or
  other structure shall immediately open the waste gates thereof and  take
  such  other appropriate action as in the judgment of the water resources
  commission may be necessary to lower the waters of  the  lake  with  the
  least  practicable  delay  to  a level not higher than four feet of said
  gage. If at any time after the first day of June and prior to the  first
  day of December in any year the waters of the lake shall fall below such
  level  of  two  and five-tenths feet such person shall immediately close
  the waste gates of such dam or other  structure;  and  no  person  shall
  withdraw  water from the lake for the purpose of generating power during
  any period of time between the first day of June and the  first  day  of
  October  in  any  year when the level of the waters of the lake is below
  two and five-tenths feet on said gage. The water resources commission or
  its duly authorized representative shall at all  times  have  access  to
  such  dam  or  other  structure and is hereby authorized and directed to
  operate the waste gates thereof whenever necessary for  the  purpose  of
  carrying  out  the  provisions  of  this  section.  The  water resources
  commission shall establish such rules and regulations as in its judgment
  may be necessary for the enforcement of the provisions of this  section,
  and  it  is hereby authorized to enter into such agreement or agreements
  with any person or persons owning or operating any  such  dam  or  other
  structure  as  in  its  judgment may be necessary in order to carry into
  effect the provisions of this section and of such rules and regulations.
  In addition, the water resources commission shall,  once  in  each  year
  during  the  first week in July, cause to be published in at least three
  daily newspapers serving the area the reading on the Rogers Rock gage on
  the first day of July in that year. Any person violating  any  provision
  of  this  section  or  of  any  rule or regulation established or of any
  agreement entered into pursuant thereto shall for every  such  violation
  forfeit  to the people of the state the sum of not to exceed two hundred
  fifty dollars to be recovered in a civil action.