How does groundwater law regulate inter-basin transfers?

Under water law in New York, inter-basin transfers - the process of diverting water from one river basin and transferring it into another - are regulated through the use of permits. The New York State Department of Environmental Protection (DEP) is the agency responsible for issuing permits for inter-basin transfers. The DEP requires applicants seeking a permit to demonstrate that the proposed transfer does not have an adverse impact on the ground water or surface water availability in the region, and that the transfer is being done in an environmentally-sound manner. In order to ensure that the transfer does not have a negative effect on water resources, applicants must provide a detailed description of the proposed project and its impact on water resources. The DEP will then review the materials provided to determine whether the proposed transfer would adversely affect water resources. If the DEP determines that the project would have a negative impact, the permit will be denied. In addition to environmental considerations, permits for inter-basin transfers are also subject to a variety of other legal requirements. These could include local land use regulations, tribal water rights, and other legal requirements such as minimum river flows and wetland protection. All these requirements must be met before the DEP issues a permit for the transfer. Overall, water law in New York serves to protect water resources while also providing for necessary water transfers. Permits for inter-basin transfers must be obtained from the DEP to ensure the proposed transfer is not detrimental to the environment, and that all other legal requirements are met.

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