9 NYCRR 271-1.5

All grants of easement of land under the waters of the Niagara River hereafter made by the State shall contain the following provisions:

“The Grantee, hereby covenants with The People of the State of New York, their successors and assigns, that the Grantee, his heirs, distributees, successors in interest, legal representatives and assigns, will forever release the State and Power Authority of the State of New York, their respective successors and assigns, of and from any and all claims for damages or loss occurring to the easement rights hereby conveyed arising out of, or by reason of, or occasioned at any time or times by, the control or regulation of the waters of the Niagara River by the State or Power Authority of the State of New York in the interests of commerce including navigation, the development of hydroelectric power or the preservation and enhancement of the scenic beauty of the Niagara River, and Grantee further covenants that Grantee, his heirs, distributees, successors, in interest, legal representatives and assigns, will not make claim against or sue the State or Power Authority of the State of New York, their successors in interest or assigns, or any of them, for or on account of any cause of action, claim or demand of any kind whatsoever by reason of any such damages or loss. The foregoing covenants shall in no event be construed to be an admission on the part of the State or Power Authority of the State of New York that they are legally responsible for any damage or loss to any adjoining land by reason of or arising from the control or regulation of the waters of the Niagara River.”