N.Y. Comp. Codes R. & Regs. tit. 6, § 671.7 – Emergency situations.

(a) The provisions of section 671.3 of this Part shall not be applicable to any action taken by the city with regard to the operation of the Cannonsville, Pepacton or Neversink reservoir in any emergency situation where:
1. (1) there is a threat to the continued existence or safe operation of such reservoir and its dam, or any tunnel serving such reservoir, or the Rondout reservoir and its dam, or to any structures appurtenant to such reservoirs, or to the public health or safety;
2. (2) such threat may not be averted by any action taken in compliance with section 671.3 of this Part; and
3. (3) such threat can be averted by an action of the city that is not in compliance with section 671.3 of this Part.
  Any action taken pursuant to this subdivision shall continue only for such time as is necessary to avert the threat involved. The city reservoir releases manager shall provide immediate telephone notice to the department reservoir releases manager regarding any action taken by the city pursuant to this subdivision. The city reservoir releases manager shall provide written notice to the department reservoir releases manager within five working days of any action taken by the city pursuant to this subdivision, which notice shall specify the action taken and set forth the reasons for the city reservoir releases manager's decision pursuant to paragraphs (1), (2) and (3) of this subdivision.
(b) The powers of the Delaware River Basin Commission under the Delaware River Basin Compact (as set forth in article 21 of the Environmental Conservation Law), with respect to declaring an emergency, including a drought, and taking certain actions with respect thereto, and of the Delaware River master under the 1954 United States Supreme Court decree pertaining to the Delaware River (347 U.S. 995 [1954]) are applicable to the provisions of this Part.