SMALLWOOD, NY — A group of mostly younger swimmers came to swim at the Toronto Reservoir’s east access point on Sunday, August 24, asserting what they say is their right to do so, although recently, the owner of the reservoir, Eagle Creek Renewable Energy, had filed a petition with the Federal Energy Regulatory Commission (FERC) to reverse its earlier decision to allow swimming. According to Bob Barrett, a Smallwood resident who’s been using the recreation area and also has been involved with both Eagle Creek and Chapin Estates homeowners associations, calls were made to police and the New York Department of Health (DOH) by two individuals who are ‘influencing’ Eagle Creek to change its policy about swimming at the reservoir.

According to a letter sent August 20 by FERC to Robert Gates, senior vice president at Eagle Creek, the company has not provided information about what specific health concern prompted it seek to alter its permit, or with which health department officials it communicated regarding swimming in the reservoir.

The group of about 12 staged their swim-in ahead of the much larger swim-in protest planned for the next weekend, when upward of 50 to 60 protestors are expected to join in the swimming.

Ray Delhay was among the swimmers on hand. He said, “I’ve been coming here all my life with my parents. The security guards are now trying to get us out of the water; they call the police. About a month ago, they got us all out of the water, and checked everyone’s IDs.”

Olga Gak, who is older than much of the group, came with her elderly mother. She was also there during the incident referenced by Delhay. She said, “We are three [or] four families, and we come to have a picnic, to enjoy, and to swim. The property owner next door comes out and takes pictures of us in bathing suits, [which is] very uncomfortable, and calls the police.” She was ordered out of the water by the guards.

Kevin McDaniel from Barryville has been coming to enjoy the area for some time, and he stressed that everyone takes care of the beach, cleaning it up, and behaving.

“This is the second rising,” he said, referring to the long-drawn-out battle. The access area was blocked by a rock wall for years before the FERC eminent domain action in court opened it in 2010.

“We like the place; we keep it clean; it’s beautiful. We take care of it. There’s no drinking or drugs, or wild behavior,” Delhay assured. He pointed out recently cut blueberry bushes, saying they were cut so the guards could keep an eye out for possible swimmers.

“This is not a drinking-water reservoir. Boating and other activities take place on the lake. This is a hydroelectric reservoir, so I don’t know what the health problem is,” he said.

Barrett notified both the Town of Bethel constables and the Sullivan County Sheriff’s office about the swimming. No guards, police, or DOH officials appeared this time during the swim, to the surprise of the swimmers.

Barrett said he called officials, “Because you’re supposed to for a public gathering.”

Barrett, a retired New York City middle school principal, who was not there on Sunday, said in a phone call, “Steve Dubrovski sold and built many of the houses on Chapin Estates. He’s the head of one of the two homeowners’ associations there. It’s only him and the property owner next to the beach, David Bushell, who have a problem with it. The other homeowners’ association has no problem. They are influencing Eagle Creek.”