Here is a bill, From Assemblyman Sweeney, the Chair of the Environmental Conservation Committee, that addresses the issue of developing a more stringent process for permitting the withdrawal of water from surface water bodies.  Currently, only those surface water bodies that are in a special district (examples: Chesapeake Bay watershed, NYC drinking water reservoirs, or Skaneatales Lake/City of Syracuse drinking water reservoir) have any restrictions on withdrawing water in amounts less than 100,000 gallons.  This bill would require permits for the extraction of more than  50,000 gallons.  Enviromental precautions would be considered in the issuance of permits, and permits for the removal of more than 100,000 gallons per day would require paying fees.  The fee revenue would accrue to the Environmental Protection Fund.

A8806 sets up a framework for charging for the extraction of water.

Here is the bill info and sponsor’s memo reproduced:

A08806 Summary:

BILL NO A08806

SAME AS No same as

SPONSOR Sweeney

COSPNSR Jaffee, Stirpe, Weisenberg, Reilly, Colton, Koon, Lupardo, Schimel,
Lifton

MLTSPNSR Fields, Glick, O’Donnell

Amd S15-3301, add S15-3303, En Con L

Relates to the implementation of water withdrawal permits.

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A08806 Memo:

BILL NUMBER:A8806
TITLE OF BILL: An act to amend the environmental conservation law, in

relation to water withdrawal reporting and water withdrawal permits
PURPOSE: The purpose of this bill is to establish a water permitting

process to allow the Department of Environmental Conservation to better

regulate the use of the State’s water resources.
SUMMARY OF PROVISIONS: Section 1 amends S15-3301 of the Environmental

Conservation Law to decrease the quantity, from one hundred thousand

gallons to fifty thousand gallons, at which a person withdrawing ground-

water or surface-water is required to file a report with the Department

of Environmental Conservation (DEC).
Section two establishes the criteria and cost of the water withdrawal

permits and clarifies the type of withdrawals that would not be subject

to permitting:
* Beginning September 1, 2010, no person or entity shall undertake any

new action to withdraw, or contribute to the withdrawal, of more than

100,000 gallons of water without having first obtained a water with-

drawal permit from DEC.
* Beginning September 1, 2013 no person or entity shall withdraw, or

contribute to the withdrawal, of more than 100,000 gallons of water

without having first obtained a water withdrawal permit from the DEC.
* Permits would be valid for five years from the date of issuance, and

will cost the following:
o $1,000 for withdrawals of 100,000 or more gallons a day
o $2,000 for withdrawals of 250,000 or more gallons a day
o $3,000 for withdrawals of 500,000 or more gallons a day
o $4,000 for withdrawals of 750,000 or more gallons a day
o $5,000 for withdrawals of 1,000,000 or more gallons a day
* Withdrawals, including fire and emergency response, domestic residen-

tial use, agricultural withdrawals, geothermal heat pumps and reclaimed

wastewater would be exempt
* Permit applications shall only be approved by DEC if they meet certain

criteria, including consideration of natural resources impact, existing

users, water quality and consistency with water conservation goals.
Section three of the bill directs DEC to adopt rules and regulations

that establish water use standards for maintaining in-stream flows that
protect aquatic life, and identify water sheds at risk from cumulative

use. Section four contains the effective date.
JUSTIFICATION: Every New Yorker has the right to safe, clean, suffi-

cient and affordable water and the State has an obligation to protect

its ground and surface water resources for the long-term benefit of its

people. In addition, the State needs to ensure that adequate water flows

and levels to protect fish, wildlife and other natural resources are

maintained, safeguard and enhance opportunities for recreational use,

and protect existing private water users dependent upon surface water

flows.
In establishing the permitting process contained in the bill, the Legis-

lature is granting the Department of Environmental Conservation (DEC)

the authority to regulate water uses so that the agency can adequately

prepare for future impacts and protect valuable water resources. As

water resources worldwide become increasingly scarce, water management

planning becomes even more important. At least 27 other states have

water withdrawal laws, including many of New York’s neighbors. This

legislation would provide additional information and oversight to help

ensure that the Department of Environmental Conservation has the tools

needed to manage this precious resource.
LEGISLATIVE HISTORY: This is new legislation.
FISCAL IMPLICATIONS: To be determined. This legislation will result in

an increase in revenue to the Environmental Protection Fund.


					
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