Section 92-A. Waste of mineral waters

1.  The  waste of that class of
  mineral waters holding in solution natural mineral salts and  an  excess
  of carbonic acid gas is hereby declared to be unlawful.
    2.  Waste  defined. The permitting of the flow or escape of that class
  of mineral waters defined in section ninety of  this  article  shall  be
  deemed a waste thereof, unless such flow shall be necessary to the care,
  protection  or preservation of the spring or well, or for the purpose of
  the actual use of the owner or occupant of the land or others  with  his
  consent,  including  the  sale  or commercial use of the waters or gases
  flowing therefrom. The permitting of such flow, except for the immediate
  use or sale of such waters or gases or  the  immediate  service  to  the
  public,  for  a  longer  period than twenty-four hours in any one month,
  shall be presumptive evidence of the waste thereof, unless authorized by
  the  commissioner  of  parks  and  recreation  as  provided  in  section
  ninety-two-b of this article.