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ERIE BOULEVARD HYDROPOWER, LP v. STATE

512354.

90 A.D.3d 1292 (2011)

935 N.Y.S.2d 349

2011 NY Slip Op 9069

ERIE BOULEVARD HYDROPOWER, LP, Respondent, v. STATE OF NEW YORK et al., Defendants. MOHAWK VALLEY WATER AUTHORITY, Proposed Intervenor-Appellant.

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

Decided December 15, 2011.

LAHTINEN, J.

This claim and an action currently pending in Supreme Court, Oneida County, revolve around disputes about water rights involving West Canada Creek and Hinckley Reservoir as well as agreements implicating such rights entered into in 1917 and 1921. Claimant operates hydroelectric power production facilities that use water released from Hinckley Reservoir, which is fed by West Canada Creek. The reservoir is owned by defendant State of New York and operated...

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