||RE.r/iO f 1 ■" jXunois state ;■ - ■V •: ,-; STATE OF NEW YORK CONSERVATION COMMISSION RULES AND REGULATIONS GOVERNING WATER SUPPLY APPLiaTIONS 'T- ALBANY'- LYON qOMPANY, STATE PRINTERS j ' K-'- . STATE OF NEW YORK CONSERVATION COMMISSION DIVISION OF INLAND WATERS RULES AND REGULATIONS GOVERNING WATER SUPPLY APPLIQTIONS WITH THE PROVISIONS OF THE CONSERVATION LAW DEFINING THE JURISDICTION OF THE COMMISSION OVER PUBLIC WATER SUPPLIES UNiVERSTir OF ILLIKC ALBANY J. B, LYON COMPANY, STATE PRINTERS STATE OF NEW YORK CONSERVATION COMMISSION GEORGE E. VAN KENNEN JAMES W. FLEMING JOHN D. MOORE Commissioners. RICHARD W. SHERMAN, Chief Engineer ALBERT E. HOYT, Secretary i.ai' , Kli+s V STATE OF NEW YORK CONSERVATION COMMISSION DIVISION OF INLAND WATERS RULES AND REGULATIONS ADOPTED APRIL 16, J9I2 Pursuant to the authority granted and the duties imposed by Chapter 647 of the Laws of 1911, entitled the “ Conservation Law,’^ constituting Chapter 65 of the Consolidated Laws, the following Rules and Regulations have been adopted by the Conservation Com- mission, embodying an outline of the procedure before the Commis- sion and the requirements with reference to applications and plans submitted to it for approval in connection with proposed new or additional public water supplies. 1. Applications. — All persons, waterworks corporations, ninnic- ipal corporations or other civil divisions of the State, or any board, commission or other body acting for any snch municipal corporation or other civil division in water supply matters, sup- plying or proposing to supply water to the inhabitants of any municipality or civil division of the State, and proposing to acquire or take a new or additional water supply, or take or con- demn lands in connection with a new or additional source or sources of water supply, or to extend their works outside of the limits of their original jurisdiction, shall make application to the Conservation Commission for approval of the engineering and financial plans for such acquisition and extensions. Such applications shall be made by verified petition in writing aceompanied by exhibits and documents as hereinafter enumer- ated and shall he addressed to the Conservation Commission, Albany, N. Y. 4 2. Approval of application required — Before the applicant shall have authority to acquire or take any new or additional source of supply or to acquire any lands for a new or additional source of water supply, or to extend existing works outside of the limits of the civil division of the State or original franchise limits, the ap- plication must he approved by the Commission. 3. Modification of petition. — The Commission may require the petition to he modified both in substance and in form. 4. Form of petition. — The petition shall contain a concise state- ment of all facts from which the Commission may be enabled to determine whether the plans are justified by public necessity; whether they provide for the proper and safe construction of all works connected therewith; whether they provide for the proper protection of the supply and watershed from contamination or provide for the proper filtration of such supply ; whether they are just and equitable to other municipalities and civil divisions of the State, and whether they make proper provision for the pay- ment of any and all legal damages, either direct or indirect, to persons or property, and it shall state briefly : (a) The legal status of the petitioner, and if the petitioner is a municipality or water district, the date and chapter of the laws organizing the municipality or water district and, if a water company, the date on which and the capital with which the com- pany was incorporated, and a reference to any statute particularly referring to the petitioner. (b) The official capacity and the authority of the person or persons verifying the petition. (c) The reasons for considering additional water supply at the time of application, whether on account of immediate neces- sity, or on account of future probable requirements, or both. (d) A statement of the principal facts with reference to qual- ity, quantity, wate^r rates and fire protection afforded by the ex- isting water supply system, if any. (e) A statement of population affected (1) as of the last offi- cial census, (2) as estimated at present. (f) A general statement of all available sources of supply, with particular reference to their relative availability and probable cost. 5 sufficiency and suitability, and the reasons for the choice of the particular supply for which application is made. (g) A statement of the assets and liabilities of the petitioner, and if a municipality, the total assessed valuation of property as indicated by the last assessment-roll. (h) If the petitioner is a water district, a statement of its boundaries, and the total assessed valuation of property in the district; if a water works company, a statement of its franchise limits. The petition shall also contain a detailed list of all exhibits accompanying the same, each exhibit being designated by a letter of the alphabet, which shall also be clearly written on the exhibit. 5. Exhibits to accompany petition. — The petition shall be ac- companied by the following exhibits: (a) a general map of the proposed new system and the existing system, if any,- (b) a map of the lands proposed to be acquired or occupied, (c) a section of the United States Geological Survey topographic map showing the territory and watershed affected, (d) profiles of the principal pipe lines, (e) plans of proposed structures, (f) analyses of water samples, (g) a written report of the petitioner’s engineer, (h) a detailed estimate of the cost of establishing the proposed system and of operating expenses, and a statement of the average pro- posed rate to consumers, (i) a list of those who may be affected by the acquisition of the lands or the execution of the plans of the petitioner; and it shall also be accompanied by (j) a surety bond, if the applicant is a person or water works company and (k) a letter of transmission. 6. Dimensions of maps. — All maps, plans, profiles and other drawings submitted in connection with an application shall be on sheets not larger than 28 inches by 40 inches, or shall conveniently fold to these dimensions. 7. General map. — The general map shall have indicated thereon the relative position or location of the various lands, structures and works connected with the existing and proposed supply. The maps shall be to a suitable scale and shall show in general the location of lands to be acquired, reservoir and dam sites, pipe lines or aqueducts, pressure or storage tanks, purification works. U.0Ftti.UB. 6 distributing pipe system and location of valves and hydrants, and the elevations of all controlling points such as at the point of di- version or supply, the crests and depressions in the main pipe lines or aqueducts, and the distributing pipe system and the ele- vations at each of the principal street intersections in the terri- tory to be served by the proposed supply, the locations of any sewer outfalls, drains or other sources of contamination of the supply, and such other material facts as may be of assistance in furnishing an accurate representation of the general features of the proposed system. The map shall have a title endorsed thereon in the lower right hand corner substantially in the following form : WATER SUPPLY Village of BOLTON, Warren Co., N. Y. GENERAL MAP Exhibit A to accompany Application before the Conservation Commission July 1,1910 Scale: 1 in =2000 ft. JOHN SMITH, Engineer. 8. Land taking map. — The land taking map shall show lands not owned by the applicant proposed to be acquired or occupied, or through which any aqueduct or pipe line is to be constructed, and shall be preferably to a scale of 100 or 200 feet to one inch and shall have indicated thereon the buildings, highways, bridges, streams and the topographic and other important features, in- cluding the boundaries of the lands proposed to be acquired and the names of the present owners. If the land indicated is for a reservoir site, the area proposed to be used for storage purposes shall have indicated thereon the surface contours of the ground in sufficient detail to enable the capacity of the proposed reservoir accurately to be determined. The map shall have a title endorsed thereon in the lower right hand corner, substantially as above noted in Rule 7, except that it shall be designated Land Taking Map/’ 9. Watershed map. — The watershed map shall consist of a sheet or sheets of the United States Geological Survey topo- graphic maps, provided the same are available, showing the water- shed or catchment territory affected.* Upon it shall be indicated the line of the divide surrounding the tributary watershed and the location of the territory to be served with water. If the watershed is of greater area than four sheets of the United States Geological Survey map, only those sheets showing the actual loca- tion of the proposed works will be required. The map shall have a title endorsed thereon in the lower righthand corner, substan- tially as above noted in Rule 7, except that it shall be designated Wateesiied Map.’’ 10. Profiles. — Upon the profiles accompanying each application shall be indicated to suitable horizontal and vertical scales the relative distances and elevations on each of the principal pipe lines or aqueducts, the elevation at each crest or depression in each pipe line and the computed hydraulic gradient shall be clearly shown, and a title shall be endorsed thereon substantially as above noted in Rule 7, except that it shall be designated Peofiles.” 11. Structural plans. — Plans of proposed structures should, in general, be the contract plans and should be in sufficient detail to enable the engineers of the Commission to decide upon the ade- quacy, suitability and safety of the designs proposed. Each plan shall have a title endorsed thereon substantially as above noted in * The sections of the United States Geological Survey topographic maps may he purchased from the Director of the Survey, at a uniform price of five cents per copy. Each quadrangle covers a section of the state, fifteen min- utes in latitude and longitude respectively. A chart showing the sheets available in published form may be obtained by addressing THE DIRECTOR, U. S. Geological Survey, Washington, D. C. 8 Kul© 7, except that it shall be designated Plans.” In certain. caseSj where good reasons for so doing shall be shown, the Com- mission may allow these contract plans to be filed at a later date, but until the Commission shall have determined that the proposed structures will be safe, no work shall be started thereon. 12. Analyses of water samples. — The applicant is required to furnish both a bacteriological and chemical analysis of reliable samples of the proposed water supply. Unless these analyses are made by the State Department of Health, or other official body, they shall be verified and the competency of the analyst shall be proved at the hearing or otherwise. To the reports of analyses shall be 'attached the affidavit of a responsible representative of the petitioner, setting forth the fact that the samples referred to in the report 'Submitted were taken from the proposed source of supply and stating specifically under what conditions the samples were taken and on what date, and any other material facts with reference to such samples. 13. Engineer’s report. — The report of the engineer who made the recommendations or designs for the proposed system shall be submitted, preferably in full, and shall contain a statement of his opinion with reference to the relative availability and cost of the several available supplies and shall state in full detail the en- gineering features of the proposed works. The report shall em- brace a general description of the present system; quantity and quality of present supply, if any; present and probable future population and consumption ; a general description of the proposed system, including the location, elevation, area and capacity re- quired or available for any proposed reservoir or tank ; the char- acter and area of the watershed tributary to the point of diver- sion; of the present or possible future sources of contamination and proposed methods for control of contamination and protection of the supply ; the general character and extent and the essential features of the design of controlling, diverting or regulating works proposed ; the estimated maximum, minimum and general average static pressures within the territory proposed to be served ; the number and distribution of fire hydrants ; the location, extent and character of proposed purification or other works ; and 9 any other material facts. It is also desirable that detailed infor- mation he given with reference to measurements or estimates of rainfall or stream flow. Speoifications for proposed contracts for construction shall be submitted with the contract plans. 14. Estimates of cost and statement of proposed rate — The esti- mate of cost accompanying the petition shall state in detail the various items to be included in the cost of the proposed works for the delivery of water to the consumers^ including the cost of land takings, approximate unit quantities and costs for different classes of work. It shall also include the approximate cost of maintenance and operation, the approximate yearly charge to be made for the entire supply and the proposed rates for 1,000 gal- lons to he charged to consumers on the completion of the work. These costs shall be given in suflicient detail to enable them to be studied and checked with facility. 15. List of persons atfected. — The application shall be accom- panied by a complete list of the names and addresses of all water- works corporations, municipal corporations or other civil divisions of the State that, in the opinion of the petitioner, may be affected by the acquisition of lands or water rights required or the execu- tion of the proposed plans. 16. Surety bond. — Individuals and w^aterworks corporations making applications are required to file with their petition an undertaking for the sum of $1,000, satisfactory to the Commis- sion with respect to surety, as guarantee for payment of expenses of hearing and determination. 17. Letter of transmission. — The application shall be accom- panied by a. letter of transmission in which the petitioner shall state the most suitable public hall or other place available for conducting the public hearing, the names and addresses and fre- quency of dates of publication of all local newspapers suitable for publication of the notice of the hearing, the names and addresses of the petitioner and counsel to the petitioner, and the petitioner’s engineer. It shall include a detailed list of all maps and papers sent with it. 18. Investigation by Commission’s engineer After an examina- tion of the maps, plans and other documents submitted in connec- 10 tion with an application, an engineer in the employ of the Com- mission may make an investigation of the proposed source of sup- ply at such time as the Commission may direct and submit his findings in a written report to the Commission. 19. Notice of hearing. — Upon the receipt and filing of a petition in proper form and other documents constituting the application, the Commission will, as soon thereafter as practicable, give public notice that on a certain day the Commission will meet at a, place specified in said notice for the purpose of hearing all persons, municipal corporations or other civil divisions of the State that may he affected thereby. The notice shall he published by the petitioner in such form, in such newspapers and for such length of time, not exceeding four weeks, as the Commission shall de- termine; copies of the papers containing such notice shall be sent by the petitioner to the Commission on the day of publication. Proof of publication of said notice shall be filed with the Com- mission on or before the day specified in said notice for the day of hearing. 20. Objections. — At any time prior to the day specified in such notice for the hearing, any person or municipal or other corpora- tion or the proper authorities of any civil divisions of the State may file in the office of the Commission at Albany objections to the project proposed by the application. Every objection so filed shall be in writing and shall particularly specify the ground thereof, and no person, municipal or other corporation or civil division or their representative shall be heard in opposition to the project proposed by such application, except on objections so filed. Amendments to the objections may be permitted by the Com- mission. 21. Public hearing. — The Commission will conduct a public hearing upon the day specified in said notice or upon a subse- quent day to which the Commission may adjourn the hearing and will hear the proofs and the arguments submitted in support of or in opposition to the proposed project. The person or mu- nicipal or other corporation making the petition must appear at the hearing by duly authorized representatives. The petitioner’s engineer must also appear in person or send a representative fully 11 conversant with the conditions of the case. The objectors must appear in person or by representation. The Commission may issue subpoenas. 22. Evidence. — At hearings the Commission requires that partic- ular attention shall be given by the proofs and arguments to the following questions : (1) Are the plans proposed by the application justified by public necessity? (2) Do the plans provide for proper and safe construction of all work connected therewith ? (3) Do the plans provide for the proper sanitary control of the watershed and proper protection of the supply, or provide for proper filtration of the supply ? (4) Are the plans just and equitable to the other municipal corporations and civil divisions of the State affected thereby and to the inhabitants thereof; particular consideration being given to their present and future necessities for sources of water supply ? (5) Do the plans make fair and equitable provision for the determination and payment of any and all legal damages to per- sons and property, both direct and indirect, which will result from the acquisition of said lands or the execution of said plans ? 23. Determination by Commission. — After the final hearing the Commission will proceed either : (1) To approve such application and plans as presented, or (2) To require such modifications in either or both the appli- cation and plans as the Commission may determine to be necessary. (3) To reject the application entirely. The Commission may permit a new application to be filed. The determination of the Commission will be in writing and will be filed together with all plans, maps, exhibits and other papers, records or documents relating to the application. All such records,’ papers and documents may be examined by any person at the office of the Commission but shall not be removed therefrom except temporarily upon the written order of the secretary to the Commission after the filing of a receipt therefor in form pre- scribed by the Commission. 24. Expense of hearing. — The expense of the hearing and determination by the Commission will be certified bj the Commis- sion under its official seal to the person, water works corporation, municipal corporation or other civil division of the State making the application and shall be paid by the said applicant within thirty days thereafter, upon the certificate of the Commission, to the persons entitled thereto. 25. Approval of work. — Before any works, the construction of which shall have been authorized by the Conservation Commis- sion, shall be operated, they must he inspected and passed upon by the Commission. Before starting constriiction, the contract plans and specifications must he submitted to and approved by the Commission. These should he submitted as a part of the ap- plication, hut in certain cases the Commission may allow them to be submitted later, according to requirements which will be set forth in the decision. If, for any reason, it is desired to make material changes in plans or specifications which have been ap- proved, these must be submitted for approval. After the complex tion of any work, plans and specifications of which have been ap- proved, and before the operation of such works, the officials hav- ing such works in charge shall make application to the Commis- sion for permission to operate ; this application being accom- panied by an affidavit on the part of such officials and their engi- neer that the work has been constructed in full accord with the plans and specifications previously approved, or with such changes as may have been found necessary, which changes shall be fully shown. Upon receipt of such request, the Commission will cause the works to be inspected : if it finds that such works have been properly and safely constructed, it will then either issue a permit to operate or require such changes or additional construction as it may cletermine to be necessary to make the works safe. The Commission may, if the work is of sufficient importance, approve of a part of the project and allow this part to be used before the completion of the remainder. 13 JURISDICTION OF THE COMMISSION Following are, the sections of the Conservation Law under which the Conservation Commission has jurisdiction over public water supplies. CHAPTEK 6d7. Laws of 1911. CHAPTER LXV OF THE COXSOLIDATED LAWS. Conservation^ Law. ARTICLE 9. Water Supply. § 520. General powers of commission in relation to water supply. - — The commission shall have the powers and perform the duties in relation to the supply of potable waters for the various mu- nicipalitieSj civil divisions and inhabitants of the state, set forth in this article, and as may be further provided by law. § 521. Municipal corporations must submit maps and profiles of new or additional sources of water supply — Xo municipal corpo- ration or other civil division of the state, and no board, commis- -sion or other body of or for any such municipal corporation or other civil division of the state shall, nor shall any person or waterworks corporation engaged in supplying or proposing to supply the inhabitants of any municipal corporation or other civil division of the state with water, after this chapter takes effect, have any power to acquire, or to take a water supply or an additional water supply, or tO' take or condemn lands for any new or additional sources of water supply, until such person, corporation or civil division has first submitted the maps, plans, and profiles therefor to the commission of conservation, as herein- after provided, and until said commission shall have approved the same, or approved the same with such modifications as it may de- termine to be necessary as hereafter provided. Approval shall not be necessary of any plans heretofore approved by the state 14 water supply commission, or of any plans or work for a new or additional water supply or filtration plant authorized iu pursu- ance thereof or in connection therewith, or of any plans or work for the extension of supply or distributing mains or pipes of a municipal water supply plant into and for the purpose of sup- plying water in any territory within the limits of the municipal- ity owning such plant, including territory which has not been heretofore supplied with water by such plant. § 522. Petition for approval of plans for water supply and pro- ceedings thereupon. — Any municipal corporation or other civil division of the state, or any person or waterworks corporation, may make application by petition in writing to the commission for the approval of its maps, plans and profiles of such new or additional water supply or for such new or additional source or sources of water supply. Such application shall be accompanied by an exhibit of maps of the lands to be acquired and profiles thereof showing the sites and areas of the proposed reservoirs, a plan of the other works proposed to be constructed, the profiles of the aqueduct lines and the flow lines of the water when im- pounded, maps, plans and surveys and abstract of official reports relating to the same, showing the need for a particular source or sources of supply and the reasons therefor, the plan proposed for protecting the new supply and watershed from contamination, or the proposed plan for filtering such new supply, and such appli- cation shall be accompanied by a plan or scheme to determine and provide for the payment of the proper compensation for any and all legal damages to persons or property, whether direct or in- direct, which will result from the acquiring of said lands and the execution of said plans. Such petition shall also be accompanied by such proof as to the character and purity of the water supply proposed to be acquired as the commission shall require. If such petition is made by a person or waterworks corporation, it shall be accompanied by an undertaking in such amount and with such sureties as the commission shall determine, that such person or waterworks corporation will pay the expenses of the hearing and determination as hereinafter provided. Said commission shall thereupon cause public notice to be given that on a day therein named it will hold a public hearing at the office of the commission 15 in the city of Albany^ or at such other place as it may particularly specify in said notice, for the ^purpose of hearing all persons, municipal corporations or other civil divisions of the state that may be affected thereby. Such notice shall be published in such newspapers and for such length of time, not exceeding four weeks, as the commission shall determine. At any time prior to the day specified in such notice any person or municipal corporation or the proper authorities of any civil division of the state may file in the office of the commission at Albany objections to the project proposed by such application. Every objection so filed shall par- ticularly specify the ground thereof. Said commission shall, upon the day specified in said notice, or upon such subsequent day or days to which it may adjourn the hearing, proceed to ex- amine the said maps and profiles and to hear the proofs and argu- ments submitted in support of and in opposition to the pro- posed project, but no person, municipal corporation or local au- thorities shall be heard in opposition thereto except on objections filed as authorized by this section. The commission shall de- termine whether the plans proposed are justified by public neces- sity, whether they provide for the proper and safe construction of all work connected therewith, whether they provide for the proper protection of the supply and the watershed from contam- ination or provide for the proper filtration of such additional supply, a^d whether such plans are just and equitable to the other municipalities and civil divisions of the state affected thereby and to the inhabitants thereof, particular consideration being given to their present and future necessities for sources of water supply, and whether said plans make fair and equitable provisions for the determination and payment of any and all legal damages to persons and property, both direct and indirect, which will result from the execution of said plans or the acquir- ing of said lands. The ccmmission shall within ninety days after the final hearing and with all convenient speed either approve such application, maps and plans as presented or with such modi- fications as it may determine to be necessary to protect the water supply and the interests of the applicant or of the inhabitants of the territory supplied by it with water, or the water supply and 16 interests of any other municipal corporation, or other civil di- vision of the state or the inhabitants thereof, or the vv^ater supply and interests of any other person or waterworks corporation, engaged in supplying water to any other municipal corporation or other civil division of the state or the inhabitants thereof; or to bring into co-operation all municipal corporations, or other civil divisions of the state, which may be affected thereby; or to make just and equitable the submitted plan or scheme to deter- mine and provide for the payment of the proper compensation for any and all legal damages to persons or property, whether direct or indirect, which will result from the acquiring of said lands and the execution of said plans, or to make safe all dams or reservoirs to be constructed by said plans; or it may reject the application entirely or permit another to be filed in lieu thereof, but it shall, however, make a reasonable effort to meet the needs of the applicant with due regard to the actual or prospective needs and interests of all other municipal corporations and civil divisions of the state affected thereby and the inhabitants thereof. Whenever the commission shall make a decision on any applica- tion submitted to it, it shall state the same in writing and, if it approves, shall cause the same to be signed and the official seal of the commission affixed thereto and file the same, together with all plans, maps, surveys and other papers or records relating thereto in its office. The decision of the commission and its action on any application may be reviewed by certiorari proceedings. The expense of any such hearing and determination by the commis- sion shall be certified by said commission to the person, water- works corporation, municipal corporation or other civil division of the state making such application and shall be paid by said applicant within thirty days thereafter upon the certificate of the commission to the persons entitled thereto. § 523. Approval of work. — No new water supply system, built in accordance with plans hereafter approved by the commission, shall be operated until the work has been approved by it. § 524. Water supply to be used in other states — ^sTo waters of this state shall be diverted without the state. ITVi'ir T - "f j L ‘‘OP