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The city or its representatives shall not enter upon any lands not taken in pursuance of subchapter three-A of chapter three of title five for the purpose of preserving streams or watercourses from pollution or contamination, or of moving or causing to be moved any buildings, improvements or edifices on the ground that the same may contaminate the water supply, without making a provision for just compensation to the owner of such buildings or improvements for the removal or destruction thereof.
Nothing herein contained shall authorize or empower the city to prohibit the public from using such lakes or reservoirs that may be constructed under the provisions of this subchapter, for the purpose of ice-cutting or fishing; and the city, or its representatives, shall not hereafter prohibit the public from using such lakes or reservoirs which are now under the care or supervision of the city for the purposes of ice-cutting or fishing, subject, however, to reasonable rules and regulations, and subject however, to the right of the city to prohibit such use in the event of the declaration of an emergency as provided in section 24-326 of this code.
Subchapter 3: Water Supply to Other Municipalities
a. It shall be lawful for any of the municipal corporations or water districts in the counties of Ulster, Greene, Delaware, Schoharie, Sullivan, Orange, Westchester and Putnam, and for the village of Deposit in the counties of Delaware and Broome, to take and receive from any of the reservoirs, aqueducts, conduits, streams or pipes of the city a supply of water for the uses and purposes of such municipal corporations or water districts or village and to that end such municipal corporations or water districts are, and each of them is, and such village also is, authorized and empowered to lay the necessary mains, pipes, valves, hydrants, supply pipes and other necessary appurtenances for the use of such water, without the consent of any board, officer, bureau, or department of the state or any subdivision thereof.
b. The connections with such reservoirs, aqueducts, conduits, streams or pipes shall be made at the expense of such municipalities or water districts. They shall pay to the city such fair and reasonable water charges or rates as may be agreed upon between the commissioner of environmental protection and the authorities of such municipal corporations or water districts or as from time to time upon the application of either party shall be fixed by the New York state department of environmental conservation, which department is hereby given power to fix such fair and reasonable charges or rates after hearing all parties interested. The expenses of any such hearing and decision by the New York state department of environmental conservation shall be paid by the applicant. Bills for such expenses shall be certified by such department to the applicant and paid by the applicant directly to the claimant within thirty days of the date of such certification.
c. Such charges or rates shall not, however, exceed the charges or rates now charged by the city to persons using water in that city. Such fair and reasonable charges or rates shall be determined on the basis of the actual total cost of the water to the city after deducting from the total cost all construction costs and expenses of operation, maintenance and carrying charges incurred within the corporate limits of the city in connection with the distribution and delivery of the water within such limits. Such charges or rates fixed by the New York state department of environmental conservation shall be subject to review by the supreme court.
d. Any such municipal corporation or water district desiring to take and receive water under the provisions of this section shall make application to the commissioner of environmental protection in writing, showing the place and manner in which it is proposed to make such connections. Such commissioner shall have exclusive jurisdiction in the premises, to the exclusion of any other board, officer, bureau or department of the state or any subdivision thereof. It shall be the duty of the commissioner to grant a permit or authorization for such connections, under reasonable rules and regulations, including the installation of proper meters or other devices for ascertaining the quantity of water thus taken.
e. The daily quantity of water which may be taken and received by any municipal corporation or water district under the provisions of this section shall not exceed the quantity calculated by multiplying the number of its inhabitants as shown by the last preceding census of the United States or the last state or official municipal census by the daily per capita consumption in the city of New York.
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