May 7, 1998 Joel R. Dichter, for appellant-respondent. Marguerite R. Weiss, for intervenor-appellant-respondent. John Hogrogian, for respondent-appellant. Gordon J. Johnson, for respondent. CIPARICK, J.: The instant appeal pits the New York City Water Board (Water Board) against the Village of Scarsdale (Village) and the County of Westchester (County), with the New York State Department of Environmental Conservation (DEC) in the middle. At issue is which governmental entity has the authority, pursuant