N.Y. Comp. Codes R. & Regs. tit. 21 § 890.19

Current through Register Vol. 46, No. 45, November 2, 2024

Section 890.19 - Payment for use of surface water

(a) Contracts. The commission will require contracts, which may be negotiated at any time, for the use, withdrawal, or diversion of any surface water of the basin taken after the effective date of the rates and charges required by these regulations. Each of such contracts shall include:

(1) An undertaking by the contracting party to pay for water used, withdrawn, or diverted, in accordance with the rates and charges established by the commission pursuant to these regulations.

(2) Provision for a minimum annual payment under the contract, in accordance with an estimated annual demand schedule, regardless of use, withdrawal, or diversion.

(3) Such other and different terms and conditions with respect to the availability of the supply, its quantity and quality, its management and control, and the powers and duties and obligations of the parties, as may be negotiated.

(b) Rates and charges. Rates and charges for water supplied will include all costs associated with making the basin water supply available and maintaining its continued availability in adequate quantity and quality over time. Rates will be determined as follows:

(1) The commission will use the weighted-average unit cost of all water stored by or on behalf of the commission. The unit cost of water will be determined by dividing all of the commission's annual project cost by the net yield of the water supply in Federal reservoirs authorized in the Commission's Comprehensive Plan. Costs, rates, and charges will be recomputed whenever new or additional storage is provided and as often as necessary to reflect relevant changes in any cost components associated with sustaining specified base flows.

(2) The commission will collect sufficient annual revenue to meet all of its annual project costs, including debt service, operation, maintenance, replacement, reserves, and associated administrative costs. The minimum charge to specified users will be for the amount of water specified in an estimated demand schedule according to a contractual agreement. The maximum charge to these users will be for the amount of water they actually use, withdraw, or divert. Revenue not collected from specific users of water supply will be collected for the states in which general benefits of water supply occur.

(3) The commission will compute an annual adjusted rate in the form of a rebate to each contracting party of a pro rata distribution of the net annual revenues of the commission in excess of the amounts required under paragraph (1) of this subdivision, provided that no such rebate will be made with respect to revenues received by the commission on account of consumptive uses and exportations out of the basin, and provided further that no rebates will be made until there are no further annual costs allocated to the signatory states as general beneficiaries.

(4) The commission may make reasonable estimates of the components of combined withdrawals where separate water accounting is not feasible, such as for combination of exportations and in-basin use and consumptive and non-consumptive uses, and for municipal systems.

(5) The commission may exempt or classify such non-consumptive uses of surface flows as it may determine to have no substantial effect on the water resources of the basin. It may also provide for a reduced rate structure with respect to water used for cooling purposes which is returned to a stream otherwise unimpaired in quantity and quality. The commission may also classify rates and charges for consumptive uses and out-of-basin exportations of surface waters to include a surcharge to reflect any costs or adverse effects of such uses which are greater in kind or degree than those associated with other water uses.

(6) The rates and charges for increased in-stream evaporative losses resulting from heated discharges will be the same as those for a consumptive use.

(c) Special projects. Charges for water supply from projects constructed pursuant to contractual arrangements between the commission and local public agencies in advance of the time when the project is scheduled by the commission in accordance with section 890.16 of this Part will be at rates sufficient to provide the total annual debt service and other obligations incurred by the commission for such project, until such time as the project qualifies for commission scheduling under the provisions of section 890.16 of this Part.

(d) Sanctions for unauthorized use of water. The commission will provide by regulation for the imposition of sanctions for any unauthorized use, withdrawal, or diversion of surface waters of the basin and for the assessment and collection of the value thereof.

(e) Effective date of rates and charges. Rates and charges required by section 890.19(b) of this Part shall apply to all surface waters of the basin used, withdrawn, or diverted by any person, corporation or other entity, public or private, on and after the date of the first impoundment of water for water supply purposes at the Beltzville Reservoir, except that there shall be no charge to a person, corporation or other entity for water used, withdrawn, or diverted at a monthly volume which is not greater than the average monthly volume taken or legally entitled to be taken by such person, corporation, or other entity during the 12 completed calendar months next preceding the effective date of these regulations. (The effective date of charges was established by Resolution No. 74-6, adopted May 22, 1974.)

(f) Legal entitlement. "Legally entitled to be taken" refers to water taken under the following conditions:

(1) A valid and subsisting permit, issued under the authority of one of the signatory parties.

(2) Physical facilities in being and operable as required for such taking.

(3) A beneficial use throughout the year for the waters taken.

(4) That such takings are within the limits of the total allocable flow without augmentation.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 890.19