New Jersey Statutes Title 13. Conservation and Development Parks and Reservations 13 § 8C-53a

a. Notwithstanding the provisions of section 13 of P.L.1961, c. 45 (C.13:8A-13), section 13 of P.L.1971, c. 419 (C.13:8A-31), section 13 of P.L.1975, c. 155 (C.13:8A-47), sections 31 through 35 of P.L.1999, c. 152 (C.13:8C-31 through C.13:8C-35), section 11 of P.L.2016, c. 12 (C.13:8C-53), or any other applicable law, or any rule or regulation adopted pursuant thereto, concerning the conveyance, disposal, or diversion of lands acquired, developed, or held for recreation and conservation purposes, a municipally owned and operated water utility or authority may use a well for the supply of drinking water and associated treatment equipment or facilities located on lands acquired or developed by a local government unit for recreation or conservation purposes and this additional use of a pre-existing well utilized for drinking water shall not be deemed to constitute a disposal or diversion of those lands; provided that:

b. Within 45 days after receipt of an application from a governing body of a municipality pursuant to paragraph (6) of subsection a. of this section, the commissioner, after the municipality holds at least one public hearing in the municipality wherein the lands are located, shall grant approval, in writing, to the municipality, if the criteria set forth in subsection a. of this section are met, specifying that this additional use shall not be deemed to constitute a disposal or diversion of the lands.

c. The commissioner may revoke any approval granted pursuant to this section if the facts or findings upon which the approval was based have changed to the extent that the requirements for approval as prescribed in this section are no longer met.