N.Y. Comp. Codes R. & Regs. tit. 21 § 890.38

Current through Register Vol. 46, No. 53, December 31, 2024

Section 890.38 - Commission jurisdiction and considerations

(a) The commission shall exercise its jurisdiction over exportations and importations of water as specified in the Administrative Manual - Rules of Practice and Procedure.

(b) All projects involving a transfer of water into or out of the Delaware River Basin must be submitted to the commission for review and determination under section 3.8 of the compact, and inclusion within the Comprehensive Plan.

(c) The applicant shall address those of the items listed below as directed by the Executive Director, and the commission will consider (on a case-by-case basis), the following items in addition to issues that may relate specifically to that project:

(1) Efforts to first develop or use and conserve the resources outside of the Delaware River Basin.

(2) Water resource impacts of each alternative available including the "no project" alternative.

(3) Economic and social impacts of the importation or exportation and each of the available alternatives including the "no project" alternative.

(4) Amount, timing and duration of the proposed transfer and its relationship to passing flow requirements and other hydrologic conditions in the basin, and impact on instream uses and downstream waste assimilation capacity.

(5) Benefits that may accrue to the Delaware River Basin as a result of the proposed transfer.

(6) Volume of the transfer and its relationship to other specified actions or resolutions by the commission.

(7) Volume of the transfer and the relationship of that quantity to all other diversions.

(8) Any other significant benefit or impairment which might be incurred to the Delaware River Basin as a result of the proposed transfer.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 890.38