N.Y. CAL Law § 80

§ 80. Supplying deficiencies of water. Whenever the navigation of any\npart of the canal system is endangered by reason of a deficiency of\nwater, the corporation shall, without delay, supply such deficiency. For\nthat purpose it shall resume the temporary use of all the surplus water\nleased, licensed or withdrawn under revocable permit from the part of\nthe canal system where such deficiency exists. If there still be a\ndeficiency of water, it may enter upon and use all lands, streams and\nwaters which, in its judgment, may be necessary or proper to be used to\nprocure a temporary supply of water for such part of the canal system.\nThe corporation may enter into an agreement with the owner or owners of\nany property used for such temporary purpose under this section covering\nthe amount of damage sustained. Such agreement when approved by the\nattorney-general shall become an obligation of the corporation and paid\nfrom moneys available therefor. In case no agreement is consummated the\namount of damages sustained may be determined as provided in section one\nhundred twenty of this chapter. No damages shall be allowed in any case\nfor resuming the use of any surplus water which has been withdrawn under\nlease, license or revocable permit.\n