N.Y. ENV Law § 15-2501

§ 15-2501. Formation of joint districts.\n 1. A river regulating district formed and established under the\nprovisions of title 21 of this article may be given extended powers and\nduties by the formation by the department of a river improvement or\ndrainage improvement district, or both, which districts shall have the\nsame boundaries as the river regulating district, shall be joined with\nit as one body corporate and subject to the general supervision of the\ndepartment and shall be administered by the board of the river\nregulating district. If this is done, the board shall thenceforth\nexercise the powers of the department as set forth in title 19 and title\n23 of this article, except those under sections 15-1945 and 15-1957 and\nas otherwise provided below. Whenever the department is empowered to set\nup districts under title 19 and title 23 of this article, the board may,\nby the same procedure, set up river or drainage improvement\nsub-districts which shall not be separate bodies corporate but shall be\nfinancial and assessment entities and each of which shall have an\nassociation. Any function which title 19 and title 23 specify to be\nperformed by the Department of Transportation or the Commissioner\nthereof shall be performed by the board through its engineering forces,\nand legal matters may be handled by counsel to the board. Whenever the\nstatute requires the board to file in final form orders, statements,\nschedules, reports, plans, or other papers, to give notice of such\nfiling and, after review, if any, to record or file the same such papers\nmay not be filed except with the consent and approval of the department.\nAll contract plans and specifications must similarly receive such\napproval to make them valid. All contracts must be so approved before\nthey are signed and all acts authorizing the borrowing of money, making\nof assessments, or statements of the amounts which must be collected\nwith annual taxes, must be approved by the department before they are\nsubmitted to the Comptroller. In proper cases, any such district may be\nassessed as an entity for benefits derived from the operation of another\nsub-district or the construction of a regulating reservoir.\n 2. Proceedings for the formation of a joint district shall be as\nnearly as may be those set forth in title 19 or title 23 as the case may\nbe. They shall be initiated by a written petition filed with the\ndepartment. On receipt thereof the department shall make such\ninvestigation as it deems necessary, shall set the time and place for a\nhearing thereon and shall give notice of the same by publication\npursuant to the provisions of subdivision 1 of section 15-0903. At the\nhearing, the department will hear the applicants and the board, and such\nobjectors as have filed written objections. After the hearing the\ndepartment shall approve, modify and approve or reject the application\naccording to what it finds to be the best interest of the people of the\nstate. The action of the department shall be in the form of a signed\nwritten order, copies of which shall be filed in the offices of the\nclerk of each county, town, city or village, any part of which lies\nwithin the proposed district. Notice of such filing shall be given by\npublication and the acts of the department may be reviewed provided such\nreview is initiated within sixty days of the date of the order. If not\nreviewed or if confirmed by the courts reviewing the matter, the order\nshall be recorded in the offices of the clerks of the various counties;\nthereupon the order shall become final and the joint district shall be\ndeemed to have been formed on the date of the order. Certified copies of\nsuch order shall be served on the board and shall be its authority to\nact for the new district.\n