N.Y. Environmental Conservation Law § 15-1749

§ 15-1749. Previous grantees not to divert waters without a license.\n A person or corporation, other than a municipal corporation, claiming\nor purporting to have, or to have had, by general or special act or\nother grant from the state, the right to divert water from Lake Erie,\nNiagara River or the boundary waters of the state, or to divert any\nwaters in which the state has a proprietary interest, or the successor\nin interest of such a corporation, whether or not there has been or is\nnow an actual diversion of waters or development of power therewith\npursuant to such act or grant, may apply for a license under title 17 of\nthis article to divert such waters and shall not divert such waters\nwithout having obtained such license, unless the diversion of such\nwaters is subject to the charging or imposition of an equitable rental\npursuant to the provisions of title 17 of this article, and shall\notherwise be subject to the provisions of title 17 of this article.\n