N.Y. Comp. Codes R. & Regs. tit. 21 § 882.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 882.1 - Certificate of entitlement

(a) The executive director will issue to each known water user a certificate of entitlement within 30 days after the effective date of this Part subject to the provisions of subdivision (b) of this section. In addition, any other water user may apply for a certificate of entitlement at any time. A preliminary notice of entitlement shall be issued to each user. Such entitlement shall become final and take effect, unless the user shall file with the commission, within 20 days after the service of the notice of entitlement, a request for hearing by the commission. At such hearing the water user may show cause why the proposed entitlement shall not take effect.

(b) The executive director shall schedule a hearing to be held not less than 10 days after receipt of a request for a hearing by the commission. Hearings shall be conducted and the results thereof subject to review in accordance with article 5 of the commission's rules of practice and procedure.

(c) A final certificate of entitlement will be issued either upon expiration of the time to request a hearing, where there has been no request, or in accordance with the determination of a hearing where one is held.

(d) A certificate of entitlement is not transferable, except as provided in subdivisions (e) and (f) of this section. For the purposes of this section, transfer shall mean any sale or other conveyance by a holder of a certificate of entitlement involving a specific facility and shall include any transfer which results in a change of ownership and/or control of the facility or of the stock, or other indicia of ownership of a corporation which holds title to the facility.

(e) Whenever ownership or possession of land in agricultural use is transferred, a certificate of entitlement with respect to such land shall be deemed to run with the land, so long as the water use continues to be for agricultural irrigation. Upon any such land transfer, the executive director will reissue a certificate of entitlement to the new user.

(f) A certificate of entitlement may be transferred in connection with a corporate reorganization within any of the following categories:

(1) whenever property is transferred to a corporation by one or more persons solely in exchange for stock or securities of the same corporation, provided that immediately after the exchange the same person or persons are in control of the transferee corporation, that is, they own 80 percent of the voting stock and 80 percent of all other stock of the corporation; or

(2) where such transfer is merely a result of a change of the name, identity, internal corporate structure or place of organization of a corporate holder of a certificate of entitlement and does not affect ownership and/or control.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 882.1