§ 80. Supplying deficiencies of water.

209 words·~1 min read·/ny/canal/canal-navigation/80

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 80. Supplying deficiencies of water. Whenever the navigation of any

part of the canal system is endangered by reason of a deficiency of

water, the corporation shall, without delay, supply such deficiency. For

that purpose it shall resume the temporary use of all the surplus water

leased, licensed or withdrawn under revocable permit from the part of

the canal system where such deficiency exists. If there still be a

deficiency of water, it may enter upon and use all lands, streams and

waters which, in its judgment, may be necessary or proper to be used to

procure a temporary supply of water for such part of the canal system.

The corporation may enter into an agreement with the owner or owners of

any property used for such temporary purpose under this section covering

the amount of damage sustained. Such agreement when approved by the

attorney-general shall become an obligation of the corporation and paid

from moneys available therefor. In case no agreement is consummated the

amount of damages sustained may be determined as provided in section one

hundred twenty of this chapter. No damages shall be allowed in any case

for resuming the use of any surplus water which has been withdrawn under

lease, license or revocable permit.