Current through Register Vol. 46, No. 39, September 25, 2024
(a)
(1)
During normal hydrologic conditions, the city shall make such water releases
from the Cannonsville, Pepacton and Neversink reservoirs as are necessary and
sufficient to maintain the constant minimum flows indicated in Table 1 in the
West Branch Delaware River, East Branch Delaware River and the Neversink River:
TABLE I
| Reservoir |
Dates constant minimum flow must be
maintained |
Constant minimum
flow |
Gaging station and river in which
constant minimum flow is to be maintained |
| Cannonsville |
April 1-June 14 and August 16-October 31,
inclusive |
29 mgd (45 cfs) |
Stilesville - West Branch Delaware |
| Cannonsville |
June 15-August 15, inclusive |
210 mgd (325 cfs) |
Stilesville - West Branch Delaware |
| Cannonsville |
November 1-March 31, inclusive |
21 mgd (33 cfs) |
Stilesville - West Branch Delaware |
| Pepacton |
April 1-October 31, inclusive |
45 mgd (70 cfs) |
Downsville - East Branch Delaware |
| Pepacton |
November 1-March 31, inclusive |
32 mgd (50 cfs) |
Downsville - East Branch Delaware |
| Neversink |
April 1-October 31, inclusive |
29 mgd (45 cfs) |
Neversink - Neversink |
| Neversink |
November 1-March 31, inclusive |
16 mgd (25 cfs) |
Neversink - Neversink |
(2) During normal hydrologic conditions when
the Delaware River master directs releases according to provisions of the 1954
U.S. Supreme Court decree, the city shall make releases at the direction of the
department to increase the flow above that indicated in Table 1 on the West
Branch, East Branch and Neversink Rivers, provided that the total amount of
additional water above the flows indicated in Table 1 shall not exceed the
amount of releases directed by the Delaware River master.
(b) During normal hydrologic conditions, the
city shall, in addition to the releases required by subdivision (a) of this
section, make the releases specified in paragraphs (1) and (2) of this
subdivision in conformance with a request by the department as provided in
paragraph (3) of this subdivision.
(1) When
the department determines that releases in addition to those required under the
other provisions of this section are required in a river flowing below the
Cannonsville, Pepacton or Neversink reservoir during the period of May 1 to
October 31, inclusive, in order to adequately protect the fishery or other
natural resources in the designated downstream areas of such river during
thermal stress periods, the city shall make releases from each such reservoir
as are directed by the department pursuant to paragraph (3) of this
subdivision. Provided, no release shall be required under this paragraph from
Cannonsville, Papacton and Neversink reservoirs which exceeds an accumulated
total volume of 6000 cfs days (3878 million gallons) released collectively from
said reservoirs pursuant to this paragraph between May 1 and October 31,
inclusive. Releases under this paragraph shall be directed by the department in
a manner so as to prevent to the maximum extent possible any instant water
temperature higher than 75 degrees Fahrenheit or any daily average water
temperature higher than 72 degrees Fahrenheit in the designated downstream
areas as determined from measurements at the Callicoon, Harvard, Woodbourne and
Hale Eddy gaging stations. In order to allow travel time for water released
from a reservoir to reach the applicable gaging station, the department may
direct releases under this paragraph 24 hours prior to the anticipated
occurrence of a temperature higher than the 75-degree and 72-degree
parameters.
(2) Whenever the
Cannonsville, Pepacton or Neversink reservoir is spilling, the city shall, in
order to improve fishery habitat in the river flowing below such reservoir,
release water from such reservoir up to a maximum amount which equals the
amount of water which would otherwise be spilling from such reservoir, or the
capacity of the valves, whichever is lesser.
(3)
(i) The
department reservoir releases manager shall submit via telephone a request for
an action pursuant to paragraph (1) or (2) of this subdivision to the city
reservoir releases manager. Such request shall specify the dates and times of
the requested action, the amount of water to be released, the rate at which
water is to be released, the duration of the action and the purpose of the
action. Such telephone request shall be received in the office of the city
reservoir releases manager not less than 24 hours prior to the commencement of
the first requested action. Immediately following such telephone request, the
department reservoir releases manager shall send to the city reservoir releases
manager a written request stating those matters covered by the telephone
request.
(ii) The city's receipt of
the department's telephone request, pursuant to subparagraph (i) of this
paragraph, shall constitute the direction for the city to proceed with an
action requested by the department pursuant to this subdivision. No action
shall be taken by the city pursuant to this subdivision until such telephone
request has been received, and any such action shall be undertaken in
accordance with such telephone request.
(iii) The department reservoir releases
manager and the city reservoir releases manager shall each maintain a complete
and accurate log of all telephone conversations made pursuant to subparagraph
(i) of this paragraph.
(c) During drought and drought-warning
conditions confirmed by the department, the city shall make such water releases
from the Cannonsville, Pepacton and Neversink reservoirs as are necessary and
sufficient to maintain the constant minimum flows indicated in Table 2 in the
West Branch Delaware River, East Branch Delaware River and the Neversink River,
except that when the Delaware River master directs releases according to the
provisions in the 1954 U.S. Supreme Court decree, the city shall make such
water releases from the Cannonsville, Pepacton and Neversink reservoirs as are
necessary and sufficient to maintain the constant minimum flows indicated in
Table 1 on the West Branch Delaware River, East Branch Delaware River and the
Neversink River, and provided that the total amount of water released from the
three reservoirs shall not exceed the amount of releases directed by the
Delaware River master:
TABLE 2
| Reservoir |
Dates constant minimum flows must be
maintained |
Constant minimum
flow |
River in which constant minimum flow
is to be maintained |
Gaging Station at which flow is to be
measured |
| Cannonsville |
April 16 to Nov. 30 inclusively |
15 mgd (23.2 cfs) |
West Branch Delaware river |
Stilesville |
| Cannonsville |
Dec. 1 to April 15 inclusively |
5 mgd (7.7 cfs) |
West Branch Delaware river |
Stilesville |
| Pepacton |
April 8 to Oct. 31 inclusively |
12 mgd (18.6 cfs) |
East Branch Delaware river |
Downsville |
| Pepacton |
Nov. 1 to April 7 inclusively |
4 mgd (6.2 cfs) |
East Branch Delaware river |
Downsville |
| Neversink |
April 8 to Oct. 31 inclusively |
10 mgd (15.5 cfs) |
Neversink river |
Neversink |
| Neversink |
Nov. 1 to April 7 inclusively |
3 mgd (4.6 cfs) |
Neversink river |
Neversink |
If the release directed by the Delaware River master is
not sufficient to maintain the constant minimum flows indicated in Table 1 for
all three reservoirs, the amount to be released from each reservoir shall be
determined by the department reservoir releases manager in consultation with
the city reservoir releases manager. The transition from releases indicated in
Table 1 for normal hydrologic conditions to the releases indicated in Table 2
for drought warning and drought conditions shall be directed by the department
reservoir releases manager in such a manner as to avoid sudden changes in
temperature and habitat coverage in the three rivers.
(d) The city is not required to provide any
notice to the department prior to its commencement of any action relating to
the operation of the Cannonsville reservoir, Pepacton reservoir of Neversink
reservoir that is consistent with the provisions of subdivisions (a), (b) and
(c) of this section.
(e) Due to the
technical limitations of operating water regulating devices and measuring
flows, any rate of flow stated, required or allowed pursuant to this Part shall
be deemed to include a rate of flow 10 percent lower than the stated, required
or allowed rate of flow where that rate is a minimum allowable rate.
(f) The city may take an action with regard
to the operation of Cannonsville reservoir, Pepacton reservoir or Neversink
reservoir which does not meet the requirements stated in subdivisions (a), (b)
and (c) of this section in order to perform inspection, maintenance and repair
work, provided it obtains the department's approval of such action prior to its
commencement of any such action in accordance with this subdivision. The
department may approve an action proposed pursuant to this subdivision where it
finds such action is reasonable and consistent with the purposes of this Part.
(1) The city reservoir releases manager shall
submit a written proposal for such action to the department reservoir releases
manager. Such a proposal shall specify the dates and times of the proposed
action, the amount of water to be released, the rate at which water is to be
released, the duration of the action, and the purpose of the action. Such
written proposal shall be received in the office of the department reservoir
releases manager not less than 24 hours prior to the commencement of the first
proposed action.
(2) Within 24
hours of his or her receipt of the written proposal by the city reservoir
releases manager, or as soon thereafter as practical, the department reservoir
releases manager shall notify the city reservoir releases manager by telephone
whether the department has approved, approved with modifications, or
disapproved the proposed action; and, in the event of an approval or approval
with modifications, he or she shall specify the dates and times of the
authorized action, the amount of water to be released, the rate at which water
is to be released and the duration of the action. Provided, between the receipt
of the city's written proposal and the department's telephone transmission of
its decision, the city and the department may negotiate by telephone relative
to such proposal.
(3) As soon as
practicable after notifying the city reservoir releases manager by telephone,
as provided in paragraph (2) of this subdivision, the department reservoir
releases manager shall send a letter to the city reservoir releases manager
stating the decision of the department with regard to the proposal involved. In
the event the department has approved the city's proposal or approved it with
modifications, said letter shall specify the dates and times of the authorized
action, the amount of water to be released, the rate at which water is to be
released, and the duration of the action. In the event the department has
disapproved the city's proposal or approved it with modifications, said letter
shall specify the reasons for such disapproval or modifications.
(4) When the city is not able to provide a
written proposal to the department as specified in paragraph (1) of this
subdivision at least 24 hours prior to the commencement of the first proposed
action, the city reservoir releases manager may submit a proposal for such an
action by telephone to the department reservoir releases manager, which request
shall be made not less than 24 hours prior to the first proposed action. Such
proposal shall specify all the information required for a written proposal
under paragraph (1) of this subdivision. Immediately following such telephone
proposal, the city reservoir releases manager shall send to the department
reservoir releases manager a written proposal stating those matters covered by
the telephone proposal. Within 24 hours of his or her receipt of such a
proposal by telephone, or as soon thereafter as practical, the department
reservoir releases manager shall notify the city reservoir releases manager as
to the department's decision regarding such request in the manner specified in
paragraphs (2) and (3) of this subdivision. Provided, between the receipt of
the city's telephone proposal and the department's telephone transmission of
its decision pursuant to paragraph (2), the city and the department may
negotiate by telephone relative to such proposal.
(5) The telephone approval by the department
provided in paragraphs (2) and (4) of this subdivision shall constitute the
authorization for the city to proceed with an action approved by the department
pursuant to this subdivision. No action shall be taken by the city pursuant to
this subdivision until such telephone approval has been received, and any such
action shall be undertaken in accordance with such telephone
approval.
(6) The city reservoir
releases manager and the department reservoir releases manager shall each
maintain a complete and accurate log of all telephone conversations made
pursuant to paragraphs (2) and (4) of this subdivision.
(7) The city reservoir releases manager and
the department reservoir releases manager shall make the necessary telephone
arrangements to fulfill the provisions of paragraphs (2) and (4) of this
subdivision.
(g) The
department may request the city to take any action with respect to the release
of water from the Cannonsville, Pepacton or Neversink reservoirs in a manner
that does or does not comply with the provisions of any or all of subdivisions
(a), (b) and (c) of this section, for the purpose of field monitoring or
testing, research, protecting the fishery or other natural resources of the
rivers flowing below such reservoirs. Such request by the department shall be
sent by mail from the department reservoir releases manager to the city
reservoir releases manager. Said request by the department shall specify the
dates and times of the proposed action, the amount of water to be released, the
rate at which water is to be released, the duration of the proposed action and
the specific purpose of the proposed action. The city's receipt of the
department's letter containing such request shall constitute direction for the
city to take the action requested by the department in accordance with such
letter.
(h) Both the city reservoir
releases manager and the department reservoir releases manager may specify one
or more persons on their respective staffs to take all actions under this
section in the place of and on behalf of such manager, when such manager is not
able to take such action directly. Provided, each such designation shall be in
writing and shall be on file in the respective office of each manager. Further
provided, any such designation shall authorize such designee to act in all
respects under this section for the respective manager.
(i) All telephone logs and written
communications made pursuant to this section shall be considered matters of
public record.
