Water—a precious resource

Recently an excellent two day conference on “Managing Water Resources for Instream Flow Needs” was presented in Matamoras by the Mid-Atlantic Region American Water Resources Association 2002 Conference.

Topics ranged from reservoir releases, improved trout habitat, instream flow needs for recreational boating, managing reservoirs for downstream water quality and temperature modeling for trout in the Lackawaxen River.

All speakers were positive in their programs of improved recreation from Ohio to New Jersey until New York City Department of Environmental Protection (NYCDEP) gave its input.

NYCDEP Chief of the Bureau of Water Supply, Quality and Protection Strategic Services Raphael Hurwitz provided the explanation of “protection.” For 15 minutes, Hurwitz explained how the city is protected by law on any infringement of their method of operation in both supply and demand of their Delaware reservoirs.

The protection is based on the 1954 Supreme Court decree that raised the amount of water, which could be diverted out of the Delaware River watershed to the Hudson watershed, from 440 million gallons per day (mgd) to 880 mgd. Tiny “conservation releases,” which proved in size to that of drought, were established as releases from Pepacton, Neversink and Cannonsville reservoirs.

By the mid 1970’s, conservationists and politicians were united in their quest for proper “conservation” releases for the tailwater fishery. Lobbying and a hard political fight led by Catskill Waters Coalition successfully had New York State legislation passed in 1976, putting the management of the releases into the control of the State Department of Environmental Conservation (DEC).

Hurwitz pointed out that the city successfully sued the DEC “out of court,” which resulted in the 1980 Stipulation of Discontinuance. None of the directors of the Catskill Waters Coalition realized this action had taken place until two decades later. The language was tightened up so that any additional downstream releases would pay NYC for any loss of hydropower (the generators are on the diversion water tunnels of Pepacton and Neversink). Payment of $250,000 per year—initially from the Conservation Fund and then the State General Fund—for two decades were enacted until Warren Lavery, DEC, informed the DEP that payment would cease as of last fall. Also, the City would be entitled to divert the best quality water.

There is no question NYC carries terrific political power in Albany, and has little or no compassion for the Catskills or the Upper Delaware. When Cannonsville was dried up to three percent by late November and ecologically destroyed, the DEP had no knowledge how long the drought would last. It could have broken by January and Cannonsville spared by balancing the drawdown.

The DRBC down basin states of New Jersey, Pennsylvania and Delaware are tired of the DEP reluctance to work with New York State in developing protection for the tailwater fishery. Recently the DRBC offered a proposal of additional water for the tailwaters and the water DEP does not use. The City uses less water than it did 20 years ago, coming to 250 cfs daily. The downstream states desire the water and are rightly upset with the DEP, and consequently have threatened to decline any further New York State requests for fishery protection unless this is enacted within a year.

The DRBC members should reread the water supply decision and take to heart “…that the Supreme Court retained jurisdiction of the 1954 case should any party desire relief at a later date—there remains a possibility that the permission to withdraw 800 mgd may, at some later date, be revoked or scaled down.”

Guest editorial by Phil Chase