How is water allocation regulated?

In New York, water allocation is regulated by the state Environmental Conservation Law ("ECL"). The ECL contains several statutes that define the rights of surface and groundwater owners. Under the ECL, surface water rights are prioritized according to when the right was acquired. The first right established has the highest priority, and all subsequent rights are inferior to that one. This means that the person with the oldest right has the right to use the most water, while the person with the newest right has the least right to the water. Groundwater rights are based on a system of approval by the state Department of Environmental Conservation (DEC). Under the ECL, groundwater users must obtain a permit issued by the DEC to use a certain amount of groundwater. The DEC will assess the amount of water available, the projected future demands, and the impact on other users before issuing a permit. For both surface water and groundwater, the owner of the right must prove that the water has been used according to the regulations. If a holder of a water right is found to be using an excessive amount of water, the DEC may take steps to reduce the water use, such as by reducing the amount of water that can be taken or suspending the permit. It is important for water users to understand the laws and regulations regarding water allocation. This way, they can ensure that their rights are respected and that their water use is legal and sustainable.

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