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MATTER OF TOWN OF BELLMONT v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

284 A.D.2d 761 (2001)

726 N.Y.S.2d 769

In the Matter of TOWN OF BELLMONT, on Behalf of MOUNTAIN VIEW WATER LEVEL CONTROL DISTRICT, Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided June 21, 2001.

Mercure, J. P.

Water levels in Mountain View Lake and Indian Lake, as well as their connecting narrows, are augmented by a dam located at the northern end of Mountain View Lake in the Town of Bellmont, Franklin County. Petitioner took title to the dam in 1962 and until recent years conducted annual "drawdowns" in which it lowered the water level on the lakes from late September or early October to "ice out" in the spring. According to petitioner, the drawdowns serve...

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