Flow woes in the Upper Delaware Region

UDC says FFMP proposal favors NYC

By SANDY LONG

UPPER DELAWARE REGION — At its April 5 meeting, the Upper Delaware Council (UDC) approved a second draft of its comment letter to the Delaware River Basin Commission (DRBC) regarding that organization’s proposed amendments to the Comprehensive Plan and Water Code Relating to a Flexible Flow Management Plan (FFMP) for operation of the New York City Delaware Basin Reservoirs.

Proposed revisions to the plan have been hotly debated in recent weeks, as several organizations, grappling with their own recommendations, have expressed objections to the DRBC proposal (see related story below).

The UDC letter began by acknowledging that the purpose of the proposed amendments is to establish a FFMP that considers multiple objectives such as “water supply and drought mitigation; management of the reservoir tailwater fisheries and other habitat needs; and spill mitigation,” among others.

The UDC recognized the work involved in drafting the proposed FFMP and described the resulting plan as “a compromise based on the constraints of the 1954 U.S. Supreme Court Decree,” which currently governs operation of the NYC reservoirs.

“The proposal does offer some good points, adds more flexibility, and keeps future options open as more information or circumstances become available. However, we generally believe that the FFMP proposal, like the Supreme Court Decree, overly favors New York City to the detriment of Delaware River flows and down basin interests,” wrote F. Gerald Mackin, Chairman of the UDC.

“We believe that much more water could, and should, be allocated for flows and that the proposed ‘Schedule of Releases’ should be recalculated accordingly,” the letter continues.

In addition, the UDC reviewed the CP2 policy proposed by the Conservation Coalition as a replacement to the Tailwaters Habitat Protection and Discharge Management Program within the FFMP. Based upon their review, the organization concluded, “The UDC sees CP2 as a positive step in Delaware River management and recommends its adoption as part of FFMP.”

Other concerns expressed by the UDC related to recreational boating and migratory fish. The organization questioned whether either issue has been adequately addressed in the plan.

Describing the Upper Delaware River as “one of the most popular boating rivers in the country,” Mackin noted, “from feedback we have received, it appears that many of the commercial liveries in the Upper Delaware are not happy with the proposed FFMP flows regime.”

During a public comment period, Elaine O’Neil, of the Delaware Riverside Conservancy, asked the UDC not to endorse either the proposed FFMP or the CP2. Instead, she urged the organization to endorse a plan proposed by the organization, Friends of the Upper Delaware.

Phil Chase, UDC representative for the town of Deerpark, where 40 homes were condemned following 2006 flooding, shared his concerns about “decent and proper flows” and “voids to prevent flooding.” Chase charged that the proposed FFMP fails to adequately address issues related to temperature, habitat and thermal banks and guaranteed voids. Chase voted against approving the letter of comment, but the remaining members of the UDC voted in its favor.

Other comments expressed during the meeting concluded that, while the proposed FFMP is flawed, it is an improvement over that which currently exists.

Carol Collier, executive director of the DRBC, said that, while the Commissioners have not made a formal decision yet, the DRBC has received many comments, both verbal and written. The public comment period closed on April 6.

Collier added, “The commissioners are considering publishing a revised resolution with a new FFMP incorporating changes they deem appropriate in response to all comments. If this occurs, we would put this revised FFMP out for public review in May and hope to include the action on the agenda for the July 18 Commission Meeting. It is likely we would hold a second public hearing in May or June, somewhere in the lower basin.”

The Commissioners are also considering acting on May 10 to extend two revisions consisting of a fisheries protection program and a spill mitigation program. The current revisions will expire on May 31 and the extension would serve as an interim measure until the July 18 public meeting.