RAPID/Hydropower/New York/Water Access & Rights
New York Hydropower Water Access & Water Rights(19-NY)
In New York, a hydropower developer may need Groundwater and Surface Water Access Permits and water rights. These permits coincide with the landowner’s riparian water rights, assuming adjacent properties are not adversely impacted. If the hydropower site’s use, ownership, responsibility, or needs a Transfer of Certificate of Completion, the New York State Department of Environmental Conservation requires the developer to submit a 60-day Advance Notification of Change of Use Form. A Water Supply Permit, issued by the New York State Department of Environmental Conservation, covers water withdrawal regulations. A developer may apply for a “New” permit if a water withdrawal structure is not already in place. A developer may apply for an “Initial” permit if a water withdrawal structure exists and will exceed daily gallon limits sets by the New York State Department of Environmental Conservation.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
New York Federal
|Water Right Agency:||New York State Department of Environmental Conservation|
|Water Right Classification:||Riparian Rights|
|Is a Water Right Required for the Project?||No, but a developer may need to obtain a Protection of Waters Permit from the Department of Environmental Conservation if the project will modify or disturb the course, channel or bed of any stream or remove any sand, gravel or other material from the bed or banks of a stream.|
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