Terms Used In New York Laws > Environmental Conservation > Article 15 - Water Resources

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural purpose: shall mean the practice of farming for crops, plants, vines and trees, and the keeping, grazing, or feeding of livestock for sale of livestock or livestock products, and the on-farm processing of crops, livestock and livestock products. See N.Y. Environmental Conservation Law 15-1502
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved provider: means an entity meeting such criteria as shall be established by the commissioner in rules and regulations promulgated pursuant to this article, that may provide eligible training to employees of a business entity participating in the employee training incentive program; provided that, for internship programs, the business entity shall be an approved provider or an approved provider in contract with such business entity. See N.Y. Economic Development Law Law 441
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Business marketing program: shall mean a program that promotes the state's strengths and assets in one or more industry sectors, geographic regions or academic research institutions collaborating with such industrial sectors on a state, national and international level. See N.Y. Economic Development Law Law 235
• Chambers: A judge's office.
• Coastal communities: shall mean those areas on Long Island where the Magothy aquifer is either absent or contaminated with chlorides. See N.Y. Environmental Conservation Law 15-1502
• Commissioner: means the commissioner of economic development. See N.Y. Economic Development Law Law 441
• Compact basin commission: shall mean an interstate commission having jurisdiction with respect to the regulation of water resources within a basin in the state, created by interstate compact or federal-interstate compact, including but not limited to, the Susquehanna river basin commission and the Delaware river basin commission. See N.Y. Environmental Conservation Law 15-1502
• Comptroller: shall mean the state comptroller. See N.Y. Economic Development Law Law 342
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Disability: shall mean , with respect to an individual:
  
  (a) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;
  
  (b) a record of such an impairment; or
  
  (c) being regarded as having an impairment. See N.Y. Economic Development Law Law 210
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division of budget: shall mean the state of New York division of budget. See N.Y. Economic Development Law Law 342
• Donor: The person who makes a gift.
• Eligible applicant: means a private business, including a not-for-profit corporation. See N.Y. Economic Development Law Law 189-A
• Eligible applicants: include nonprofit organizations, associations or agencies. See N.Y. Economic Development Law Law 235
• Eligible projects: include , but are not limited to, participation at key international and domestic trade shows and industry conferences, marketing to corporate, site location consultants, and other key decision makers for targeted technology sectors, and advertising in influential trade and other publications. See N.Y. Economic Development Law Law 235
• Eligible training: means (a) training provided by the business entity or an approved provider that is:
  
  (i) to upgrade, retrain or improve the productivity of employees;
  
  (ii) provided to employees in connection with a significant capital investment by a participating business entity;
  
  (iii) determined by the commissioner to satisfy a business need on the part of a participating business entity;
  
  (iv) not designed to train or upgrade skills as required by a federal or state entity;
  
  (v) not training the completion of which may result in the awarding of a license or certificate required by law in order to perform a job function; and
  
  (vi) not culturally focused training; or
  
  (b) an internship program in advanced technology, life sciences, software development or clean energy approved by the commissioner and provided by the business entity or an approved provider, on or after August first, two thousand fifteen, to provide employment and experience opportunities for current students, recent graduates, and recent members of the armed forces. See N.Y. Economic Development Law Law 441
• Endorsing municipality: shall mean a municipality or municipalities within the state of New York that authorizes a bid by a local organizing committee for selection of such municipality or municipalities as the site of an olympic games. See N.Y. Economic Development Law Law 342
• Enforcement officer: shall mean any person authorized to enforce the provisions of this title or the building code in the municipality in which the water well drilling activities are taking place. See N.Y. Environmental Conservation Law 15-1502
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entrepreneurship assistance centers: shall mean the business development centers which provide assistance to primarily minority group members, women, individuals with a disability, dislocated workers and veterans as established by the department pursuant to section two hundred eleven of this article. See N.Y. Economic Development Law Law 210
• Environmentally sound and economically feasible water conservation measures: shall mean those measures, methods, technologies or practices for efficient water use and for reduction of water loss and waste or for reducing a withdrawal, consumptive use or diversion that: (i) are environmentally sound; (ii) reflect best practices applicable to the water use sector; (iii) are technically feasible and available; (iv) are economically feasible and cost effective based on an analysis that considers direct and avoided economic and environmental costs; and (v) consider the particular facilities and processes involved, taking into account the environmental impact, age of equipment and facilities involved, the processes employed, energy impacts and other appropriate factors. See N.Y. Environmental Conservation Law 15-1502
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• expansion and replacement power: means the energy associated with such power. See N.Y. Economic Development Law Law 189-A
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Feasibility study: shall mean an investigation and evaluation of the viability of an industrial firm or group of industrial firms, including those for which local buyout assistance has been requested. See N.Y. Economic Development Law Law 190
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• fund: is a fund of the authority into which all net earnings are deposited by the authority in accordance with subdivision twenty of § 1005 of the public authorities law and from which allocations of fund benefits to eligible projects may be made. See N.Y. Economic Development Law Law 189-A
• Games support contract: shall mean a joinder undertaking, a joinder agreement, and/or a similar contract executed by the state, an endorsing municipality and a site selection organization in connection with the selection of a municipality to host the games, and containing terms authorized or required by this section. See N.Y. Economic Development Law Law 342
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Greywater: means untreated wastewater from bathtubs, showers, washing machines, dishwashers and sinks, but shall not include discharges from toilets or urinals or industrial discharges. See N.Y. Environmental Conservation Law 15-0601
• Guaranty fund: shall mean the olympic games guaranty fund established in § 84-a of the state finance law. See N.Y. Economic Development Law Law 342
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Industrial facility: shall mean any type of facility to be used or occupied by any person in an enterprise deemed to offer a reasonable likelihood for promoting the creation or retention of job opportunities in the state and includes, but is not limited to, industrial or manufacturing plants, facilities for research and development purposes, facilities for conducting wholesale, receiving and distributing operations, facilities for conducting office operations, warehousing operations, agricultural operations, or any other operation dealing in the exchange of goods, wares, services or other types of property of any type or description. See N.Y. Economic Development Law Law 250
• Industrial firm: shall mean a manufacturing firm involved with extracting, smelting, recovering, developing, preparing, compounding, converting, assembling or producing in any manner, minerals, raw materials, products or substances of any kind or nature, and shall include facilities related thereto for storage, warehousing or distribution, for research and development or for the discovery of new, and the refinement of known, substances, processes, and products. See N.Y. Economic Development Law Law 190
• Industrial infrastructure development project: shall mean a project for the design, acquisition of property, construction and/or reconstruction in connection with storm and sanitary sewers, electric and gas service distribution lines, water supply systems, drainage systems and site clearance, preparation, improvements, and demolition. See N.Y. Economic Development Law Law 250
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interbasin diversion: shall mean the transfer of water or wastewater from one New York major drainage basin to another drainage basin. See N.Y. Environmental Conservation Law 15-1502
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Joinder agreement: shall mean an agreement entered into by the state, an endorsing municipality and a site selection organization setting out representations and assurances by the state and endorsing municipality in connection with the selection of a site in the endorsing municipality for the location of the olympic games. See N.Y. Economic Development Law Law 342
• Joinder undertaking: shall mean an agreement entered into by the state, an endorsing municipality and a site selection organization that the state and endorsing municipality will execute a joinder agreement in the event that the site selection organization selects a site in the endorsing municipality for an olympic games. See N.Y. Economic Development Law Law 342
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land acquisition projects: means open space acquisition projects undertaken with willing sellers including, but not limited to, the purchase of conservation easements, undertaken by a municipality, a not-for-profit corporation, or purchase of conservation easements by a soil and water conservation district. See N.Y. Environmental Conservation Law 15-3301
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life sciences: means agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, academic medical centers, biotechnology, chemical synthesis, chemistry technology, medical diagnostics, genomics, medical image analysis, marine biology, medical devices, medical nanotechnology, natural product pharmaceuticals, proteomics, regenerative medicine, RNA interference, stem cell research, medical and neurological clinical trials, health robotics and veterinary science. See N.Y. Economic Development Law Law 441
• Life sciences company: is a business entity or an organization or institution that devotes the majority of its efforts in the various stages of research, development, technology transfer and commercialization related to any life sciences field. See N.Y. Economic Development Law Law 441
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Lloyd Sands: shall mean that geological strata generally known to be the deepest and oldest water-bearing layer of the Long Island aquifer system and shall not include bedrock. See N.Y. Environmental Conservation Law 15-1502
• Local buyout: shall mean the transfer of the ownership and control of a viable industrial firm to its employees, or managers, or to other investors resident in New York state, where such transfer will create or retain substantial numbers of private sector jobs by preventing the closing, partial closing, or the relocation out-of-state of an industrial firm. See N.Y. Economic Development Law Law 190
• Local organizing committee: shall mean a not-for-profit corporation or its successor in interest that: (1) has been authorized by an endorsing municipality to pursue an application and bid on the endorsing municipality's behalf to a site selection organization for selection as the site of an olympic games; or (2) with the authorization of an endorsing municipality, has executed an agreement with a site selection organization regarding a bid to host the olympic games. See N.Y. Economic Development Law Law 342
• Majority leader: see Floor Leaders
• Minority business enterprise: shall mean any business enterprise which is at least fifty-one per centum owned by, or in the case of a publicly owned business at least fifty-one per centum of the stock of which is owned by, citizens or permanent resident noncitizens who are Black, Hispanic, Asian or American Indian, Pacific Islander or Alaskan Native where such ownership interest is real, substantial and continuing and where such persons have the authority to independently control the day-to-day business decisions of the entity. See N.Y. Economic Development Law Law 210
• Minority leader: See Floor Leaders
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• municipal corporation: includes a county, city, town and village. See N.Y. Environmental Conservation Law 15-0107
• Municipality: means the same as such term as defined in section 56-0101 of this chapter. See N.Y. Environmental Conservation Law 15-3301
• Net financial deficit: shall mean those losses resulting from the conduct of the games which the endorsing municipality and state are obligated to indemnify and insure against pursuant to a games support contract. See N.Y. Economic Development Law Law 342
• Not-for-profit corporation: means a corporation formed pursuant to the not-for-profit corporation law and qualified for tax-exempt status under the federal internal revenue code. See N.Y. Environmental Conservation Law 15-3301
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Olympic games: shall mean the two thousand twelve olympic games. See N.Y. Economic Development Law Law 342
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: shall mean any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity whatsoever. See N.Y. Environmental Conservation Law 15-1502
• Person: means any individual, firm, co-partnership, association or corporation other than the state and a "public corporation. See N.Y. Environmental Conservation Law 15-0107
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Potable water: shall mean water intended for human consumption that meets the requirements for a public water system as set forth in the state sanitary code. See N.Y. Environmental Conservation Law 15-1502
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Productivity assessment: shall mean an evaluation of the existing and potential productivity and profitability of an industrial firm or group of industrial firms and recommendations for productivity improvements, including, but not limited to, analysis of products, market position, financial condition, ownership structure, production processes, labor/management relations, worker skills and training needs, plant and equipment, and business strategy. See N.Y. Economic Development Law Law 190
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public corporation: means "public corporation" as defined in subdivision one of § 3 of the General Corporation Law and includes all public authorities, except the Power Authority of the State of New York. See N.Y. Environmental Conservation Law 15-0107
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public water supply system: shall mean a permanently installed water withdrawal system including its source, collection, pumping, treatment, transmission, storage and distribution facilities used in connection with such system, which provides piped potable water to the public for potable purposes, if such system has at least five service connections used by year-round residents. See N.Y. Environmental Conservation Law 15-1502
• Quorum: The number of legislators that must be present to do business.
• Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reclaimed wastewater: means water discharged from a treatment works utilizing at least effective secondary treatment as defined in section 17-0509 of this chapter. See N.Y. Environmental Conservation Law 15-0601
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Significant capital investment: means a capital investment in new business processes or equipment, the cost of which is equal to or exceeds ten dollars for every one dollar of tax credit allowed to an eligible business entity under this program pursuant to subdivision fifty of section two hundred ten-B or subsection (ddd) of § 606 of the tax law. See N.Y. Economic Development Law Law 441
• Site selection organization: shall mean the United States olympic committee or the international olympic committee. See N.Y. Economic Development Law Law 342
• Soil and water conservation district: means the same as such term as defined in § 3 of the soil and water conservation districts law. See N.Y. Environmental Conservation Law 15-3301
• State: shall mean the state of New York. See N.Y. Economic Development Law Law 342
• State agency: shall mean an office, department, board, commission, bureau, division, public corporation, agency or instrumentality of the state. See N.Y. Economic Development Law Law 250
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Strategic industry: means an industry in this state, as established by the commissioner in regulations promulgated pursuant to this article, based upon the following criteria:
  
  (a) shortages of workers trained to work within the industry;
  
  (b) technological disruption in the industry, requiring significant capital investment for existing businesses to remain competitive;
  
  (c) the ability of businesses in the industry to relocate outside of the state in order to attract talent;
  
  (d) the potential to recruit minorities and women to be trained to work in the industry in which they are traditionally underrepresented;
  
  (e) the potential to create jobs in economically distressed areas, which shall be based on criteria indicative of economic distress, including poverty rates, numbers of persons receiving public assistance, and unemployment rates; or
  
  (f) such other criteria as shall be developed by the commissioner in consultation with the commissioner of labor. See N.Y. Economic Development Law Law 441
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Threshold volume: shall mean the withdrawal of water of a volume of one hundred thousand gallons or more per day, determined by the limiting maximum capacity of the water withdrawal, treatment, or conveyance system; provided that for agricultural purposes the threshold volume shall mean a withdrawal of water of a volume in excess of an average of one hundred thousand gallons per day in any consecutive thirty-day period. See N.Y. Environmental Conservation Law 15-1502
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• United States olympic committee: shall mean the official national olympic committee of the United States of America which has been authorized by law to govern all matters relating to national participation in the olympic games. See N.Y. Economic Development Law Law 342
• Veteran: shall mean a person who served in the United States army, navy, air force, marines, coast guard, and/or reserves thereof, and/or in the army national guard, air national guard, New York guard and/or New York naval militia and who (a) has received an honorable or general discharge from such service, or (b) has a qualifying condition, as defined in section one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service, or (c) is a discharged LGBT veteran, as defined in section one of the veterans' services law, and has received a discharge other than bad conduct or dishonorable from such service. See N.Y. Economic Development Law Law 210
• Water power: shall be construed to mean power developed from falling or flowing water, and all electrical current and other forms of energy into which such power may be transformed. See N.Y. Environmental Conservation Law 15-0107
• Water well: shall mean any groundwater excavation for the purpose of obtaining water. See N.Y. Environmental Conservation Law 15-1502
• Water well driller: shall mean a person who, for compensation or as part of property development and sale, engages in water well drilling activities; provided, however, that, for the purposes of this subdivision, the term "person" shall not include a public corporation, political subdivision, government agency, department, or bureau of the state or a municipality. See N.Y. Environmental Conservation Law 15-1502
• water well drilling activities: shall mean the construction and reconstruction of water wells, the establishment or repair of a connection through the well casing and the repair of water wells including repairs which require the opening of the well casing. See N.Y. Environmental Conservation Law 15-1502
• Water withdrawal system: shall mean any equipment or infrastructure operated or maintained for the provision or withdrawal of water including, but not limited to, collection, pumping, treatment, transportation, transmission, storage, and distribution. See N.Y. Environmental Conservation Law 15-1502
• Waters: shall be construed to include lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial limits of the state of New York, and all other bodies of surface or underground water, natural or artificial, inland or coastal, fresh or salt, public or private, which are wholly or partially within or bordering the state or within its jurisdiction. See N.Y. Environmental Conservation Law 15-0107
• withdrawal of water: shall mean the removal or taking of water for any purpose from the waters of the state. See N.Y. Environmental Conservation Law 15-1502
• Women-owned business enterprise: shall mean any business enterprise which is at least fifty-one per centum owned by, or in the case of a publicly owned business at least fifty-one per centum of the stock of which is owned by, citizens or permanent resident noncitizens who are women where such ownership interest is real, substantial and continuing and where such persons have the authority to independently control the day-to-day business decisions of the entity. See N.Y. Economic Development Law Law 210