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When Is a Water District Not a Municipality?

By Steven Silverberg and Katherine Zalantis

The Court of Appeals held, for purposes of allocating costs of New York?s ?one-call? system for locating underground pipes, cables wires etc. before excavating, a water district created by Town Law is not a municipality. In Jericho Water District v. One Call Users Council, Inc. the Court held that a water district is therefore not exempt from contributing to the cost of maintaining the one-call system. General Business Law section 761 provides for maintaining the one-call system with cost being shared among operators of underground facilities, except ?municipalities and authorities that operate underground facilities and any operator of underground facilities that provides water service to less than four thousand customers.? The Jericho Water District was created pursuant to Town Law section 190 with the commissioners elected rather than being appointed by the Town Board...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on May 11, 2008 (boomark / email).