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Reservation in Deeds
606.85 Reservation of right, use or purpose. In any case where
the deed conveying lands and premises to the State of New York,
for the uses and purposes of the reservoir, reserves a right of
access or use, in respect to said lands and premises, such right
of access or use shall be exercised in pursuance of the provisions
of the deed relating thereto; subject, however, to these rules
and regulations. Any person claiming to have any such right of
access or use shall, before exercising the same, make and file
with the board an application for a permit therefor and for renewal
or renewals thereof, in accordance with these rules and regulations.
All permits and any renewal or renewals thereof granted and issued
in respect to any such right of access or use shall be so granted
and issued in accordance with these rules and regulations. In any
case where it is claimed that the deed reserves several rights
of access or several uses or purposes in relation to lands and
premises acquired by the State for the purposes of the reservoir,
a separate application shall be filed for each such right, use
or purpose, and the application and permit shall definitely and
specifically set forth such right, use or purpose. 606.86 Preference with respect to reserved
access rights. Persons
claiming access rights reserved in deeds shall have preference
in respect to the determination an allocation by the board of the
areas in reference to such access rights. The board shall determine
such areas upon applications made for permits therefor. The board
upon application therefor shall have the right to grant and issue
permit or permits to other person or persons for any area remaining
after such determination. |