15-1521 - Supply of water to other public water supply systems. - New York Statutes

§ 15-1521. Supply of water to other public water supply systems. On any application for a new or additional water supply or source of water supply, the department may require or authorize any applicant to make provisions for the supply and to supply water to any area of the state which as determined by the department in its decision on that application properly should be supplied with water from the source or sources of water supply sought by the applicant. The owner or operator of any existing or proposed water works system within such area may apply to the department for a permit to take water from that source of water supply or from any part of the water supply system of the applicant supplied in whole or in part from that source. If the department so requires, or if it grants a permit, it shall be the duty of the applicant so to supply water, subject to such requirements as the department may impose. The amount of water so to be taken and the price to be paid therefor may be agreed upon between the applicant and the taker of the water, or if they cannot agree, fair and reasonable amounts and rates shall be, after due hearings thereon, fixed by the department, provided however, that such department shall have no power to fix rates in any case where the Public Service Commission has such power, and provided further, that nothing in this section contained shall be construed as diminishing the powers of said Public Service Commission in respect to rates of water works companies subject to its jurisdiction. Any such agreement or determination of the department may from time to time be modified by further agreement between the parties affected thereby or by the further order of the department.