N.Y. Highway Law Section 66
Replacement water sources


If the commissioner determines that a highway project or highway maintenance activity of the department has significantly changed or rendered unusable a private water supply system, the commissioner is authorized, upon the consent of the owner thereof, to provide, or participate in the provision of, a replacement source or supply of water or a modification of the system affected. The commissioner is authorized to use the forces of the department and contractors under contract with the department, and is authorized to enter into contracts or agreements for the purposes of this section. In any claims against the state, actions undertaken by the commissioner pursuant to this section shall be considered in reducing damages incurred by affected individuals. The commissioner, with the consent of the owner, is authorized to conduct testing and other investigation to ascertain whether a highway project or highway maintenance activity of the department may have adversely impacted a private water supply system. Nothing in this section shall be construed to require any action on behalf of the department and the authority conferred herein shall be exercised, and any related determinations of the commissioner shall be made, in the discretion of the commissioner or commissioner’s designee. The department shall not enter private property pursuant to this section without the consent of the owner of such property. Nothing contained in this section shall be construed to relieve the department from any requirements that would otherwise apply pursuant to article eight of the environmental conservation law.

Source: Section 66 — Replacement water sources, https://www.­nysenate.­gov/legislation/laws/HAY/66 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

29
Property for highways, bridges and other highway uses and purposes to be acquired by acquisition
30
Acquisition by the state of property required for the construction and reconstruction of state highways and structures thereon
31
Exchange of reservation lands of the Seneca Nation of Indians
38
Contracts for construction or improvement of highways
39
Patented material or articles
40
Authority of commissioner of transportation with respect to the performance of contracts for construction, reconstruction or improvement ...
41
Maintenance of highways after preliminary work pending permanent paving
42
Maintenance of detours during construction
42‑A
Establishment of temporary detours when state highways are being maintained or repaired
43
Intersections, grading and paving on county roads and town highways at intersection with and during construction or reconstruction of sta...
44
Acceptance of state highways when completed
45
Entry upon adjacent lands and streams
46
State highways in villages
47
Connecting highways in villages
48
State highways of additional width and increased cost at expense of town
49
Improvement of state highways at expense of county or at the joint expense of such county and any city, village or town
50
Petition for improvement of highway where a street surface railroad is laid
51
Repair of highways at railroad crossings
52
Permits for work within the state highway right of way
53
Highways and bridges on Indian reservations
53‑A
Highways on Indian reservations
54
Sidewalks along improved state highways
54‑A
Reestablishment of approaches to private lands
55
Emergency aid for control of snow and ice in municipalities
56
State to maintain roads improved by state appropriations under special laws
57
Maintenance by state of canal bridge approaches
58
Liability of state for damages
59
Additional width, different type of construction or other additional work under repair or reconstruction contracts
60
Sprinkling
61
Payment by counties of a portion of the cost of construction under repair contracts
62
Improvement of alignment and of dangerous conditions on repair work
63
Discontinuance of part of highway due to grade crossing elimination
64
Maintenance by state of certain improved roads and highways
65
Lands may be sold or leased
66
Replacement water sources

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 66’s source at nysenate​.gov

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