628. Transfer of license restricted. 629. Revocation of license for nonpayment of rent and other causes. 630. Revocation of license for failure to prosecute work. 631. Re-entry at the expiration of the license period. 632. Renewal and extension of licenses. 633. Prohibited diversions. 634. False entries, statements *of reports. 636. Right to amend or repeal reserved. 8610. Definitions. When used in this article unless otherwise expressly stated or unless the context or subject matter otherwise requires: 1. "Commission means the water power commission created by this article; 2. "Licensee" means a licensee under this article, his successor in interest or assign; 3. "Municipality" or "municipal corporation" means a city, village or town; 66 4. Stream" means a river or other stream and its tributaries; 5. "Water power site" means the lands and rights appurtenant thereto or which may become appurtenant thereto when the water power is developed which are necessary or useful for the construction, maintenance and operation of a plant for the use of a fall of water for the generation of power. 6. "Developed water power site" is a "water power site" where the development is used or usable in its present condition for the generation of power or where the works of such development are being constructed or are in course of repair; 7. "Surplus canal waters" means such waters flowing in canal feeders, artificial canals or the canalized streams of the state, as, in the judgment of the superintendent of public works, are not necessary for any canal uses or purposes; 8. "Project" means a complete unit of improvement or development, consisting of a power plant, all water conduits, or dams and appurtenant works and structures which are a part of such unit, and all storage, diverting or forebay reservoirs connected therewith, the primary line or lines transmitting power there So in original [Does not conform to section heading.] from to the point of junction with the distribution system, all miscellancous structures used and useful in connection with such unit or part thereof, and all water rights, rights of ways, ditches, dams, reservoirs, lands or interests in lands, the use and occupancy of which are necessary or appropriate in the maintenance and operation of such unit; 9. "Project works" means physical structures of a "project"; 10. "Reconstruction cost" of a project means the actual and reasonable original cost to the licensee of the lands or interests in the lands of such project, less depreciation if any, plus the cost of reproducing the ways, means and works thereon, less the depreciation of such ways, means and works, including in such costs a reasonable allowance for organization and development expenses, but excluding therefrom any allowance for the value of the license or any contract, lease or franchise, or value as a going concern, or future profits in pending or existing contracts or prospective profits, revenues, dividends or any other intangible element. § 611. Water power commission; secretary; employees. The conservation commissioner, state engineer and surveyor, attorneygeneral, the temporary president of the senate and the speaker of the assembly are hereby constituted a commission, to be known as the New York water power commission, for the purpose of carrying into effect the provisions of this article. The conservation commissioner shall be the chairman of the commission. Three members shall constitute a quorum for the transaction of business. It shall appoint a secretary, prescribe. his duties and fix his salary within the amount appropriated therefor. It may appoint or employ such engineers and other assistants as it deems necessary to a proper performance of its powers and duties, prescribe their duties and fix their salaries or compensation within the amount appropriated therefor. 612. Assignment or transfer of departmental officers or employees. The several members of the commission may assign or transfer to the work of the commission such officers or employees of their respective departmental or office forces as the commission shall desire. The salary or compensation of such officers or employees may be fixed by the commission, and paid from moneys appropriated to carry out the provisions of this article; but no such assignment or transfer shall affect the civil service status of persons so assigned or transferred, nor any of the rights or privileges to which they are thereby entitled. The members of the commission may appoint or employ such temporary officers or employees within their respective departments or offices as may become necessary because of any such assignment or transfer. Members of the commission may also, without transfer, assign to members of their respective permanent departmental or office forces such duties in connection with the enforcement of this article as the commission may request. 613. General powers and duties of the commission. The commission 1. May make surveys and investigations and collect and record data concerning the developed and undeveloped water power resources of the state, the locations or sites within the state where water power can be economically developed, the potentialities of such sites, the cost of developing the same, and such other data as the commission may deem necessary or useful for the purposes of this article. 2. May hold hearings from time to time to enable it to carry out the provisions of this article. 3. Shall have at all times free and unobstructed access, by its members and authorized agents and representatives, to all parts of the project works and plant of any licensee for the purpose of inspecting the same. 4. May, by its members, authorized agents or representatives, freely examine at any time the books, records and accounts of any licensee under this article. 5. May require any such licensee, at a designated time or times, to file with it sworn statements or reports, in such form as it may prescribe, covering any data or information which it deems necessary or proper to enable it to carry into effect the provisions of this article. 6. May issue licenses as hereinafter provided. 7. May present for the consideration of the congress or officers of the federal government, as occasion requires, the just rights of the state in relation to its territorial waters, and institute and prosecute, through the attorney-general, appropriate actions and proceedings to secure such rights, and defend, through the attorneygeneral, any action or proceeding calculated to impair such rights. 8. May co-operate with any officers, boards or bodies of the federal government in an endeavor to harmonize any conflicting claims of the state and the federal government to control over the leasing or licensing of the use of waters for power purposes to the end that the development of the water power resources of the state may be accelerated. 9. May appear, represent and act for the state in the matter of all applications made to the federal government or any of its officers, boards or commissions for permits or licenses for the development or use of water power in the state, and may do and perform such acts in connection therewith as it deems proper to protect the interests of the state. 10. May confer with the proper officers of the federal government in relation to the further development of power on the Niagara and Saint Lawrence rivers. 11. May make rules and regulations as to the form of reports required to be made to the commission by licensees, and such special rules and regulations as it deems applicable to particular licensees and projects licensed; and, generally, may make such rules and regulations, issue such notices, orders and directions to licensees, and do and perform any and all acts, not inconsistent with the provisions of this article, as it shall deem necessary or proper to carry into effect the provisions of this article. 12. May appear for, represent and act for the state in respect to the interests of the state in licenses issued under this act, in any proceeding had before the public service commission involving such interests and may institute such proceedings in its discretion. 13. Shall have such other powers as are conferred upon it by the provisions of this article. 14. Shall turn over to the state treasurer the moneys received by it in the course of administering the provisions of this article, in the manner provided by section thirty-seven of the state finance law. 15. Shall submit to the legislature, on or before the first day of February of each year, a report showing all applications for licenses filed with it pursuant to the provisions of this article, and containing a statement of the licenses issued during the preceding year, the parties thereto and the terms thereof, moneys received by the commission, disbursements of the commission and, generally, a statement of the activities of the commission during the preceding year. 8 614. Hearings; subpoenas; depositions. Hearings to enable the commission to carry out the provisions of this article may be held at any designated place, either by the commission, or a member thereof, or by the secretary of the commission if authorized by the commission. Any member of the commission, or the secretary, may issue subpoenas in the name of the commission, requiring the attendance and the giving of testimony by witnesses and the production of books, papers and other documentary evidence for such a hearing. Service of such a subpoena, enforcement of obedience thereto and punishment for disobedience thereof shall be had as and in the manner provided by the provisions of the code of civil procedure or civil practice act relating to enforcement of a subpoena issued by a board or committee, except that neither a licensee nor an employee thereof nor an officer or a stockholder in a licensee corporation, when required to attend as a witness, shall be entitled to any subpoena fee or mileage. Any member of the commission or the secretary thereof may administer oaths to witnesses. The commission also may provide for the taking of depositions of witnesses, for the purpose of such a hearing, before any member of the commission, the secretary thereof or any officer or employee of the commission or any other person designated by it. In such case, such member, officer, employee or other person may administer oaths to the witnesses whose depositions are taken. Each deposition shall be reduced to writing and subscribed by the deponent. 615. Licenses. The commission, subject to the provisions of this article, may upon application issue to any citizen, association of citizens of the United States, or corporation heretofore or hereafter authorized to develop, use, furnish or sell power in this state or to a municipality of the state having such authority a license authorizing the diversion and use for power or other purposes of any of the waters of the state in which the state has a proprie tary right or interest, or the bed of which, or other real property required for use of such waters, is vested in the state; or of boundary waters of the state where the state has jurisdiction over the diversion or interference with the flow of the same solely or concurrently with any other jurisdiction or owner of a proprietary right; or to any such applicant when the owner of any water power site or sites which it uses or proposes to use for the production, sale and distribution of heat, light or power to the public; and subject to the property rights of others including riparian rights authorizing the construction, maintenance and operation in, across or along any of such lands and waters, of such dams, |