N.Y. Transportation Corporations Law § 45

§ 45. Condemnation of real property. Any such corporation shall have\nthe right to acquire real estate, or any interest therein, necessary for\nthe purposes of its incorporation, and the right to lay, relay, repair\nand maintain conduits and water pipes with connections and fixtures, in,\nthrough or over the lands of others, the right to intercept and divert\nthe flow of waters from the lands of riparian owners, and from persons\nowning or interested in any waters, and the right to prevent the flow of\ndrainage of noxious or impure matters from the lands of others into its\nreservoirs or sources of supply. If any such corporation, which has made\na contract with any city, town or village or with any of the inhabitants\nthereof for the supply of pure and wholesome water as authorized by\nsection forty-two, shall be unable to agree upon the terms of purchase\nof any such property or rights, it may acquire the same by condemnation.\nBut no such corporation shall have power to take or use water from any\nof the canals of this state, or any canal reservoirs as feeders, or any\nstreams which have been taken by the state for the purpose of supplying\nthe canals with water.\n