New York § 38 - 38Lake George water levels

§ 38. 38Lake George water levels

§ 38. Lake George water levels. Any dam or other similar structure so located in the outlet of Lake George as to affect the water levels of the lake shall, with due allowance for fluctuations due to natural causes or to emergencies and for a reasonable use of water for power and for sanitary purposes, be operated in such a manner as to maintain the waters of the lake from the first day of June to the thirtieth day of September in each year as nearly as may be at an average level of three and five-tenths feet on the gage of the United States Geological Survey at Rogers Rock on Lake George, known as Rogers Rock gage, and in such a manner as to maintain the waters of the lake from the first day of October to the first day of December at a level which shall not fall below two and five-tenths feet on said gage; and, consistent with the above mentioned fluctuations and reasonable use, the waste gates of any such dam or other structure shall be operated so that, to the extent possible, the waters of the lake will not be permitted to rise above a level of four feet on such gage at any time during the year or to fall below a level of two and five-tenths feet on said gage at any time after the first day of June and prior to the first day of December in any year. If at any time during the year the waters of the lake shall rise above such level of four feet any person owning or operating such dam or other structure shall immediately open the waste gates thereof and take such other appropriate action as in the judgment of the water resources commission may be necessary to lower the waters of the lake with the least practicable delay to a level not higher than four feet of said gage. If at any time after the first day of June and prior to the first day of December in any year the waters of the lake shall fall below such level of two and five-tenths feet such person shall immediately close the waste gates of such dam or other structure; and no person shall withdraw water from the lake for the purpose of generating power during any period of time between the first day of June and the first day of October in any year when the level of the waters of the lake is below two and five-tenths feet on said gage. The water resources commission or its duly authorized representative shall at all times have access to such dam or other structure and is hereby authorized and directed to operate the waste gates thereof whenever necessary for the purpose of carrying out the provisions of this section. The water resources commission shall establish such rules and regulations as in its judgment may be necessary for the enforcement of the provisions of this section, and it is hereby authorized to enter into such agreement or agreements with any person or persons owning or operating any such dam or other structure as in its judgment may be necessary in order to carry into effect the provisions of this section and of such rules and regulations. In addition, the water resources commission shall, once in each year during the first week in July, cause to be published in at least three daily newspapers serving the area the reading on the Rogers Rock gage on the first day of July in that year. Any person violating any provision of this section or of any rule or regulation established or of any agreement entered into pursuant thereto shall for every such violation forfeit to the people of the state the sum of not to exceed two hundred fifty dollars to be recovered in a civil action.