Section 1078. Powers

The  powers and duties of the authority shall be as
  follows:
    1. To sue and be sued.
    2. To have a seal and alter the same.
    3. To acquire, in the name of the authority, lease, hold  and  dispose
  of  property  or  any  interest  therein  for  its  corporate  purposes,
  including the power to  purchase  prospective  or  tentative  awards  in
  connection  with  the  exercise of the power of condemnation hereinafter
  granted.
    4. (a) To purchase, in the name of the  authority,  any  water  supply
  system,    water   distribution   system,   including   plants,   works,
  instrumentalities or parts thereof  and  appurtenances  thereto,  lands,
  easements,  rights  in  land  and  water rights, rights-of-way, contract
  rights, franchises, approaches,  connections,  dams,  reservoirs,  water
  mains  and  pipe  lines,  pumping  stations  and equipment, or any other
  property incidental to and included in such system or part thereof,  and
  any improvements, extensions and betterments, situated wholly within the
  county  for  the purpose of supplying water for domestic, commercial and
  public purposes at retail to individual consumers within the  county  of
  Suffolk  or  at wholesale in the manner provided by subdivision seven of
  this section as a means of so acquiring for such purposes,  and  subject
  to  the  approval  of  the  public service commission, the authority may
  purchase all  of  the  stock  of  any  existing  privately  owned  water
  corporation  or  company, and thereafter, within a reasonable time, such
  water corporation or company shall be dissolved.
    (b) To condemn in the name of the authority, except where  located  in
  another  county,  any  water  supply  system, water distribution system,
  including  plants,  works,  instrumentalities,  or  parts  thereof   and
  appurtenances  thereto,  lands,  easements,  rights  in  land  and water
  rights,  rights-of-way,   contract   rights,   franchises,   approaches,
  connections,  dams,  reservoirs,  water  mains  and  pipe lines, pumping
  stations and equipment, or any other property incidental to and included
  in such system or part thereof, and  any  improvements,  extensions  and
  betterments  for the purpose of supplying water for domestic, commercial
  and public purposes at retail to individual consumers within the  county
  of  Suffolk  or at wholesale in the manner provided by subdivision seven
  of this section. The authority shall exercise the power of  condemnation
  hereby  granted in the manner provided either by the condemnation law or
  by the Suffolk county improvement act. In the exercise of such power  of
  condemnation,  the  property  being  condemned  shall be deemed, when so
  determined by the authority, to be for a  public  use  superior  to  the
  public   use   in  the  hands  of  any  other  person,  association,  or
  corporation, provided, however, that the authority shall have  no  power
  to condemn property the legal title to which is vested in a municipality
  unless such municipality shall consent thereto.
    (c)  To  construct, develop and operate any water supply system, water
  distribution system,  including  plants,  works,  instrumentalities,  or
  parts thereof, and appurtenances thereto, dams, reservoirs, water mains,
  pipe  lines,  pumping  stations  and  equipment,  or  any other property
  incidental to or included in such system  or  part  thereof  within  the
  county  of  Suffolk,  and  to  acquire,  by  condemnation  in the manner
  provided by this title, or by purchase, lands, easements, rights in land
  and water rights and rights-of-way in connection therewith  within  such
  county;  and to own and operate, maintain, repair, improve, reconstruct,
  enlarge and extend, subject to the provisions of this title, any of  its
  properties  acquired  or  constructed  under  this  title, all of which,
  together with the acquisition of such properties are hereby declared  to
  be public purposes.

    (d)  To  acquire,  hold, use, lease, sell, transfer and dispose of any
  property,  real,  personal  or  mixed,  or  interest  therein,  for  its
  corporate purposes.
    5.  To  purchase water in bulk from any person, private corporation or
  municipality when necessary or convenient  for  the  operation  of  such
  water supply and distribution system.
    6.  To  fix, alter, charge and collect rates and other charges for the
  use of water by  the  inhabitants  of  the  county  or  other  consumers
  thereof,  at  reasonable rates to be determined by the authority for the
  purpose of providing for the payment of the expenses of  the  authority,
  the  construction, improvement, repair, maintenance and operation of the
  water supply and distribution system of the authority,  the  payment  of
  the  principal  of and interest on the obligations of the authority, and
  to fulfill the terms and provisions of  any  agreements  made  with  the
  purchasers or holders of any such obligations.
    7.  To  sell water by volume to any or all municipalities or privately
  owned public water supply and distribution systems in such county.   The
  fact  that  any  municipality  has  procured  or  is about to procure an
  independent source of water supply shall not prevent  such  municipality
  from purchasing water from the authority. Subject to the approval of the
  board  of  supervisors of Suffolk county to sell any water not needed in
  such county to any municipality or privately owned public  water  supply
  and  distribution  system  outside  of the county in which created.  Not
  only may the authority sell any surplus water it may have developed, but
  it may, with the consent of  such  board  of  supervisors,  develop  and
  provide  a  sufficient  amount of water so as to supply water outside of
  the county to any municipality or privately owned  public  water  supply
  and distribution system.
    8.  To  make  contracts  and  execute  all  instruments  necessary  or
  convenient.
    9. To make by-laws for the management and regulation  of  its  affairs
  and the regulation of and the charges made for water sold.
    10. To appoint officers, agents and employees.
    11.  To  enter  upon any lands, waters and premises for the purpose of
  making surveys, soundings, drillings and examinations.
    12. To enter into cooperative agreements with other water authorities,
  municipalities,  or  utility  companies,  for  the  interconnection   of
  facilities,  the exchange or inter-change of services and commodities or
  for any other lawful purposes  necessary  or  desirable  to  effect  the
  purposes  of this title, provided, however, that any such agreement with
  a municipality located in a county, other than Suffolk county, shall  be
  subject  to  the approval of the board of supervisors of such county, if
  any.
    12-a. To enter  into  a  contract  or  contracts  with  the  board  of
  supervisors  of  Suffolk  county  for  the acquisition, construction and
  development of a water supply and distribution system, or  any  part  or
  parts thereof, on behalf of a county water district, and to contract for
  the  operation  and  management  of  such  county water district, all as
  provided in article five-a of the county law and article five-b  of  the
  general municipal law. Such water authority shall be deemed the agent of
  Suffolk county under any such contract. If such contract shall authorize
  the  water  authority  to purchase supplies or equipment or to construct
  public works, such authority shall be subject to all provisions  of  law
  to  which Suffolk county would be subject in relation to advertising and
  awarding any such contracts for supplies, equipment or public works.
    13. To do all things necessary or convenient to carry out  the  powers
  expressly given or necessarily implied in this title.

    In  exercising  the  powers granted by this title, the authority shall
  not sell water in any area which is served by a water  system  owned  or
  operated   by   a  municipality  unless  the  governing  board  of  such
  municipality shall adopt a resolution requesting the authority  to  sell
  water in such area.
    Notwithstanding  any  other  provision  of  law, the authority may not
  approve by resolution or otherwise make a final determination  regarding
  a  construction  project for any new structure which exceeds thirty feet
  in height unless it holds a public hearing in the municipality where the
  construction will take place not less than fifteen days after notice has
  been given as hereinafter provided. Notice of such public hearing  shall
  be  published  once  a  week for two consecutive weeks in a newspaper of
  general circulation in the area affected by  the  proposed  construction
  project.