1. Except as provided in subdivision three of this section, no person or public corporation shall transport or carry by vessel, more than ten thousand gallons in any one day of the waters of any freshwater lake, pond, brook, river, stream, or creek in this state without first obtaining a permit from the department.

2. If the department finds that the transport of such water is reasonable, and is not contrary to the conservation of the natural resources of the state or to other uses of the water, including health, safety and welfare of the people of the state, the permit shall be granted subject to reasonable conditions on the withdrawal and transport. Such permit shall be subject to annual renewal.

3. No permit shall be necessary for the taking of a volume of ballast water necessary for normal vessel activity, but this exemption shall not apply to the exchange of ballast water.

4. The department shall not issue permits for the transport of water by vessel which will conflict or be inconsistent with the provisions of any interstate compact, commission or charter relating to the allocation of water resources to which New York is a signitory.