Upon receipt of this report the commission shall give approval to the project, as submitted or as modified, or it shall disapprove the same, and shall, in the case of approval, fix a fair annual rental value or other charge. The commission shall not grant its approval of any project for the diversion or use of canal waters which does not have the prior approval of the Superintendent of Public Works.
N.Y. Comp. Codes R. & Regs. Tit. 6 § 605.4