N.Y. ENV Law § 15-1745

§ 15-1745. Prohibited diversions.\n 1. Unless a license has been obtained therefor under this title, or\nthe diversion of such waters is subject to the charging or imposition of\nan equitable rental under this title, it shall be unlawful for any\nperson or public corporation who has been notified by the department to\ndesist from such conduct, to willfully take, divert, draw or make use\nof, for power and/or other commercial or manufacturing purposes:\n a. waters, or the bed or other real property required for the use of\nsuch waters, in which the state has a proprietary right or interest;\n b. boundary waters of the state concerning which the state has\njurisdiction over the diversion or interference with the flow of the\nsame for power purposes, solely or concurrently with any other\njurisdiction or owner of a proprietary right.\n 2. The use of such water, except when the right to the use thereof has\nbeen acquired by means of a written license issued pursuant to the\nprovisions of title 17 of this article, or when the diversion of such\nwater is subject to the charging or imposition of an equitable rental\npursuant to the provisions of subdivision 1 of section 15-1719 of this\narticle, shall be prima facie evidence of the wilfulness of the taking,\ndrawing, diversion or use thereof and of the guilt of the person taking,\ndiverting or making use thereof.\n