N.Y. Comp. Codes R. & Regs. tit. 21 § 890.12
Prior to June 15 of each year and at any time the hydrologic conditions so warrant, the parties to the 1954 Supreme Court Decree, the Delaware River Basin Commission and the Delaware River Master will review existing conditions in the basin and shall determine whether or not to bank the "excess release quality" provided pursuant to Section III, B.1.C of the Decree, as calculated for the seasonal period beginning June 15 and ending the following March 15, for possible use to prevent lower basin "drought" or to provide lower basin "drought" assistance. Relevant factors to be considered include precipitation in the basin, climatic predictions, streamflows, ground water levels, soil moisture and other hydrologic date in making the determination with respect to the banking and use of the "excess release quantity." The "excess release quantity" shall be reserved and placed in an "excess release bank" if the parties to the 1954 Decree, Delaware River Basin Commission and the River Master determine that "drought" conditions in the lower basin are expected or threatening. If the "excess release quantity" is reserved and banked, the excess release provisions set forth in Section III.b.1.d of the Supreme Court Decree shall be deemed suspended for the balance of that water year beginning June 1 and ending May 31. The "excess release bank" shall be used, during that water year, to provide lower basin "drought" assistance releases to the Delaware River designed to assist in meeting the Trenton flow objective for lower basin "normal" conditions, or 3,000 cfs. Such lower basin "drought" assistance releases shall be made in quantities and at such times as determined by the Delaware River Basin Commission, and directed by the Delaware River Master. The lower basin "drought" assistance releases shall be made provided that the total combined storage available in the New York City Delaware River Basin reservoirs exceed the "drought warning" criteria set forth in Figure 1 of section 890.9 of this Part. The total lower basin releases made from the New York City Delaware Basin reservoirs during any water operations year under the provision of this section shall not exceed the total quantity available in the "excess release bank" available during that same period. If, while banking excess releases, augmented conservation releases from the New York City Delaware River Basin reservoirs are made that would have been credited towards the "excess release quantity" in the absence of banking, then that amount of augmented conservation release shall be deducted from the "excess release bank."
When basinwide conditions are "normal" and lower basin conditions are "normal" (as defined by Beltzville Reservoir storage above elevation 615 m.s.l. and Blue Marsh Reservoir storage above elevation 283 m.s.l.), the following provisions shall govern lower basin operations:
Diversions by the State of New Jersey during "normal" periods, shall be computed as provided in section V.B. of the amended Decree of the U.S. Supreme Court in New Jersey v. New York, 347 U.S. 995 (1954) and its total diversion without compensating releases shall not exceed 100 million gallons per day (mgd) as a monthly average, with the diversion on any day not to exceed 120 million gallons, and its total diversion without compensating releases shall not exceed an average of 100 mgd during any calendar year.
The minimum streamflow objective at the U.S.G.S. gaging station located at Trenton, NJ, shall be 3,000 cfs.
Releases shall be made from storage to maintain the minimum Trenton streamflow objective of 3,000 cfs in such quantities and at such times as determined by the Delaware River Basin Commission, and, in the case of the New York City reservoirs, as directed by the Delaware River Master, in the following order of priority:
When the storage in Beltzville Reservoir falls below elevation 615 m.s.l. (73.7% of storage capacity) and the storage in Blue Marsh Reservoir falls below elevation 283 m.s.l. (68.9% of storage capacity) the Delaware River Basin Commission shall declare a "drought warning" condition in the lower basin, and the following operating provisions and actions shall automatically be placed in effect:
The total diversion by the State of New Jersey during lower basin "drought warning" conditions in the lower basin shall be computed as a daily running average, commencing on the day such "drought warning" becomes effective. The total diversion by New Jersey shall not exceed a running average of 70 mgd with the diversion on any day not to exceed 120 million gallons per day. If the allowable diversion for any condition period following entry into "drought warning" operations is not fully used, the unused portion may not be credited or used during subsequent periods.
During lower basin "drought warning" periods, the minimum streamflow objective at the U.S.G.S. gaging station located at Trenton, NJ, shall be established as set forth in Table 2 of section 890.9 of this Part, in accordance with the seven-day average location of the 250-mg/l isochlor (the "salt front") in the Delaware Estuary.
Releases shall be made from storage to maintain the minimum streamflow objectives set forth in Table 2 of section 890.9 of this Part, in such quantities and at such times as determined by the Delaware River Basin Commission, and in the case of the New York City reservoirs, as directed by the Delaware River Master, in the following order of priority:
In order to conserve storage, conservation releases from the listed lower basin reservoirs shall be modified as set forth in Table 4 of section 890.9 of this Part commencing with the declaration of a lower basin "drought warning" condition.
The Delaware River Basin Commission and the lower basin states will implement and encourage concerted voluntary water conservation measures and programs during the lower basin "drought warning" condition.
When storage in Beltzville Reservoir falls below elevation 590 m.s.l. (38.0% of storage capacity) and storage in Blue Marsh Reservoir falls below elevation 273 m.s.l. (36.8% of capacity) and remains below such levels for three consecutive days, the Delaware River Basin Commission shall, pursuant to article 10.4 of the compact, declare a lower basin "drought" emergency condition in the lower basin and the following provisions shall automatically be placed in effect:
The total diversion by New Jersey during lower basin drought conditions shall not exceed a running average of 65 mgd, for the continuous period commencing on the first day following declaration of the lower basin "drought," with the diversion on any day not to exceed 120 mgd.
During lower basin "drought" conditions, the minimum streamflow objective at the U.S.G.S. gaging station located at Trenton, NJ shall be established as set forth in Table 2 of section 890.9 of this Part in accordance with the seven-day average location of the 250 mgl isochlor (the "salt front") in the Delaware estuary.
When storage in Beltzville Reservoir falls below elevation 590 m.s.l. (38.0% of storage capacity) and storage in Blue Marsh Reservoir falls below elevation 273 m.s.l. (36.8% of capacity) and remains below such levels for three consecutive days, the Delaware River Basin Commission shall, pursuant to article 10.4 of the Compact, declare a lower basin "drought" emergency condition in the lower basin and the following provisions shall automatically be placed in effect:
The total diversion by New Jersey during lower basin "drought" conditions shall not exceed a running average of 65 mgd, for the continuous period commencing on the first day following declaration of the lower basin "drought", with the diversion on any day not to exceed 120 mgd.
During lower basin "drought" conditions, the minimum streamflow objective at the U.S.G.S. gaging station located at Trenton, NJ shall be established as set forth in Table 2 of section 890.9 of this Part in accordance with the seven-day average location of the 250 mgl isochlor (the "salt front") in the Delaware estuary.
The alternatives for lower basin "drought" operations presented herein vary considerably and were specifically designed to be able to address the wide range of conditions which may occur. For example, if a lower basin "drought" triggers and the upper basin reservoirs are nearly full, then upper basin reservoirs may play a more significant role in helping to solve the lower basin crisis. On the other hand, if the lower basin is in a "drought" condition and the basin as a whole is about to enter a "drought warning" condition, then it would be appropriate to look to other sources such as power dams or recreation reservoirs for assistance. In that case, early mobilization of these additional sources would significantly reduce the severity of basinwide "drought" conditions should they occur. A schematic guide for selecting alternatives for lower basin "drought" operations is presented in Figure 1-a of this section.
| (a) Alternative 1. | ||
| Indications | Operations | |
| Application of Alternative 1 is indicated if the general hydrologic condition of the upper basin is much better than the lower basin, based on various drought indicators, including precipitation, streamflow, ground water levels and reservoir storage. Under these conditions storage in the New York City Delaware River Basin reservoirs would be high (i.e., 65 bg above the "drought warning" line), with a low projected demand on the reservoirs. Storage in the New York City non-Delaware reservoirs would also be high. | ||
| 1. Impound and use temporary storage in F.E. Walter and Prompton, if available. | ||
| 2. Make additional releases from New York City Delaware Reservoir storage in excess of 80 bg above "drought warning" without compensation, and in excess of 65 bg above "drought warning" with 50% compensation if storage subsequently drops below 65 bg above "drought warning", to augment Delaware River flow. | ||
| 3. Nockamixon from elev. 395 to elev. 385 (68.7%/4.1bg)** | ||
| Under these conditions, Alternative 1 calls for New York City Delaware storage to be used heavily because there would not be a basinwide "drought" condition. This alternative would use water which would otherwise likely spill later during the water year. | ||
| 4. Make 10 bg of additional releases from New York City Delaware Reservoirs*** to augment Delaware River flow. | ||
| 5. Make total of 5 bg release from Beltzville, Blue Marsh**** and Nockamixon, at maximum total release rate of 200 cfs, and release from Lake Hopatcong***** to elev. 919 (1.9 bg) at a maximum release rate of 75 cfs. | ||
| 6. Make 10 bg of additional releases from New York City Delaware Reservoirs*** to augment Delaware River flow. | ||
| 7. Make total of bg release from Beltzville, Blue Marsh ***** and Nockamixon, at maximum total release rate of 200 cfs. | ||
| 8. Make 10 bg of additional releases from New York City Delaware Reservoirs*** to augment Delaware River flow. | ||
| 9. Make releases from Lake Wallenpaupack subject to the elevation schedule, and make proportional releases from Mongaup storage****** subject to minimum operating levels. | ||
| 10. Make releases from Beltzville, Blue Marsh**** and Nockamixon to elev. 537, 261 and 325.5 respectively at maximum total release rate of 200 cfs, and release from Lake Hopatcong***** to elev. 915.2 (2.4 bg) at a maximum release rate of 75 cfs. | ||
| * To be followed after the "excess release bank" has been exhausted. Order of priority would be reversed for coming out of a drought condition. | ||
| ** Loss of recreation below this level. | ||
| *** New York City would be credited this water against the following year's "excess release quantity" unless there is an intervening spell condition. In addition, these releases would only be made when New York City Delaware reservoir storage is more than 30 billion gallons above the "drought warning" curve. The maximum cumulative amount of these releases is 30 bg. | ||
| **** Sufficient storage would be retained to supply the needs of the Western Berks Water Authority, required conservation releases and water quality augmentation needs on the Schuylkill River. | ||
| ***** Use of water from Lake Hopatcong is subject to the considerations set forth in subsection d3(f). | ||
| ****** Releases will be made from Lake Wallenpaupack and the Mongaup Power Reservoir System simultaneously and approximately in a two to one ratio, respectively. | ||
| (b) Alternative 2. | ||
| Indications | Operations | |
| Use of Alternative 2 is indicated if the general condition in the upper basin is moderately favorable (i.e., storage at least 30 bg above "drought warning" and less than 65 bg above "drought warning"). This plan involves extra releases from the New York City reservoirs drop to less than 30 bg above "drought warning," then releases from the power dams would be used instead. Because such releases would tend to increase the risk of the basin entering "drought warning," this option should only be considered if it triggers after September 1, when the risk of drawing the basin into "drought warning" conditions is reduced. This would limit the amount of time water would be needed as well as increase the probability of refill before serious drawdown occurred. | ||
| 1. Impound and use temporary storage in F.E. Walter and Prompton, if available. | ||
| 2. Nockamixon from elev. 395 to elev. 385 (68.7%/4.1 bg)** | ||
| 3. Make 10 bg of additional releases from New York City Delaware reservoirs to augment Delaware River flow. To the extent New York City Delaware reservoirs are unavailable, make releases for Trenton from Lake Wallenpaupack subject to the elevation schedule, and make proportional releases from the Mongaup Power Reservoir System****** subject to minimum operating levels. | ||
| 4. Make total of 5 bg release from Beltzville, Blue Marsh**** and Nockamixon at maximum total release rate of 200 cfs, and releases from Lake Hopatcong***** to elev. 919 (1.9 bg) at a maximum release rate of 75 cfs. | ||
| 5. Make 10 bg of additional releases from New York City Delaware Reservoirs*** to augment Delaware River flow. To the extent New York City reservoirs are unavailable, make releases for Trenton from Lake Wallenpaupack subject to the elevation schedule, and make proportional releases from the Mongaup Power Reservoir System****** subject to minimum operating levels. | ||
| 6. Make total of 5 bg release from Beltzville, Blue Marsh**** and Nockamixon, at maximum total release rate of 200 cfs. | ||
| 7. Make 10 bg of additional releases from New York City Delaware Reservoirs*** to augment Delaware River flow. To the extent New York City Delaware reservoirs are unavailable, make releases for Trenton from Lake Wallenpaupack subject to the elevation schedule, and make proportional releases from the Mongaup Power Reservoir System****** subject to minimum operating levels. | ||
| 8. Make releases from Beltzville, Blue Marsh**** and Nockamixon, to elev. 537, 261 and 325.5 respectively, at maximum total release rate of 200 cfs, and release from Lake Hopatcong***** to elev. 915.2 (2.4 bg) at a maximum release rate of 75 cfs. | ||
| (c) Alternative 3. | ||
| Indications | Operations | |
| This alternative uses only lower basin reservoirs (i.e., located below Montague) and does not involve the use of New York City or upper basin power reservoirs. This alternative provides the least amount of storage with which to work. Two conditions combined would indicate that application of Alternative 3 is appropriate - (1) the New York City Delaware River Basin reservoirs are very close to entering a "drought warning" condition (i.e., storage in New York City Delaware reservoirs is less than 30 bg above the "drought warning" line when lower basin "drought" triggers) and the non-Delaware River Basin New York City supplies and low; and (2) the lower basin "drought" occurs very late in the season (i.e., after November 1). Under these seasonal conditions, the likelihood of the lower basin reservoirs emptying before the natural refill period is low, and the required releases most likely can be made from the limited remaining contents of the lower basin reservoirs. | ||
| 1. Impound and use temporary storage in F.E. Walter and Prompton, if available. | ||
| 2. Nockamixon from elev. 395 to elev. 385 (68.7%/4.1 bg)** and release from Lake Hopatcong to elev. 919 (1.9 bg) at a maximum release rate of 75 cfs. | ||
| 3. Make releases from Beltzville, Blue Marsh**** and Nockamixon, to elev. 537,261 and 325.5 respectively, at maximum total release rate of 200 cfs, and release from Lake Hopatcong***** to elev. 915.2 (2.4 bg) at a maximum release rate of 75 cfs. | ||
| (d) Alternative 4. | ||
| Indications | Operations | |
| This alternative calls upon the upper basin power company reservoirs for assistance. This alternative would be indicated when the New York City Delaware River Basin reservoirs are less than 30 bg above the "drought warning" line and the lower basin triggers before November 1, thereby increasing the probable need for additional water, in this case, the basin would have a high probability of entering a "drought warning" condition, thus the City storage should be conserved. | ||
| 1. Impound and use temporary storage in F.E. Walter and Prompton, if available. | ||
| 2. Nockamixon from elev. 395 to elev. 385 (68.7%/4.1 bg)**. | ||
| 3. Make releases for Trenton from Lake Wallenpaupack subject to the elevation schedule, and make proportional releases from the Mongaup Power Reservoir System***** subject to minimum operating levels. | ||
| 4. Make total of 5 bg release from Beltzville, Blue Marsh**** and Nockamixon, at maximum total release rate of 200 cfs, and release from Lake Hopatcong**** to elev. 919 (1.9 bg) at a maximum release rate of 75 cfs. | ||
| 5. Make releases for Trenton from Lake Wallenpaupack subject to the elevation schedule, and made proportional releases from the Mongaup Power Reservoir System***** subject to minimum operating levels. | ||
| 6. Make releases from Beltzville, Blue Marsh**** and Nockamixon, to elev. 537, 261 and 325.5 respectively, at maximum total release rate of 200 efs, and release from Lake Hopatcong***** to elev. 915.2 (2.4 bg) at a maximum release rate of 75 cfs. | ||
| (e) Alternative 5. | ||
| Indications | Operations | |
| This option proposes the early use of upper basin power company reservoirs followed much later by the use of New York City storage. If a lower basin "drought" triggered early in the year (i.e., before September 1) and City storage were only 30 to 65 bg above "drought warning" then there would be a distinct risk of the basin entering "drought warning" later and a strong chance that the lower basin reservoirs could be exhausted. This option, using upper basin power company storage to conserve lower basin and New York City storage for later use, addresses these possibilities. | ||
| 1. Impound and use temporary storage in F.E. Walter and Prompton, if available. | ||
| 2. Nockamixon from elev. 395 to elev. 385 (68.7%/4.1 bg)**. | ||
| 3. Make releases for Trenton from Lake Wallenpaupack subject to the elevation schedule, and make proportional releases from the Mongaup Power Reservoir System***** subject to minimum operating levels. | ||
| 4. Make releases from Beltzville, Blue Marsh**** and Nockamixon, at maximum total release rate of 200 cfs, and release from Lake Hopatcong***** to elev. 919 (1.9 bg) at a maximum release rate of 75 cfs. | ||
| 5. Make releases for Trenton from Lake Wallenpaupack subject to the elevation schedule, and make proportional releases from the Mongaup Power Reservoir System***** subject to minimum operating levels. | ||
| 6. Make total of 5 bg release from Beltzville, Blue Marsh**** and Nockamixon, at maximum total release rate of 200 cfs. | ||
| 7. Make additional releases from New York City Delaware Reservoirs*** to augment Delaware River flow. | ||
| 8. Make releases from Beltzville, Blue Marsh**** and Nockamixon to elev. 537, 261 and 325.5 respectively, at maximum total release rate of 200 cfs, and release from Lake Hopatcong***** to elev. 915.2 (2.4 bg) at a maximum release rate of 75 cfs. | ||
| (f) Alternative 6. | ||
| Indications | Operations | |
| This option is similar to Alternative 2 except that New York City releases would be made concurrently with releases from lower basin storage on a 50-50 basis. The conditions under which it would be most appropriate would be similar to those for Alternative 2. | ||
| 1. Impound and use temporary storage in F.E. Walter and Prompton, if available. | ||
| 2. Nockamixon from elev. 395 to elev. 385 (68.7%/4.1 bg)**. Make additional releases from New York City Delaware Reservoirs*** to augment Delaware River flow, equal to and simultaneous with releases from Nockamixon; to the extent New York City storage is unavailable, make releases for Trenton from Lake Wallenpaupack subject to the elevation schedule, and make proportional releases from the Mongaup Power Reservoir System***** subject to minimum operating levels. | ||
| 3. Make releases from Beltzville, Blue Marsh**** and Nockamixon to elev. 537, 261 and 325.5 respectively, at maximum total release rate of 200 cfs, and release from Lake Hopatcong to elev. 915.2 at a maximum release rate of 75 cfs. Make additional releases from New York City Delaware Reservoirs*** to augment Delaware River flow, equal to and simultaneous with releases from Beltzville, Blue Marsh, Nockamixon and Hopatcong; to the extent New York City storage is unavailable. Make releases for Trenton from Lake Wallenpaupack subject to the elevation schedule, and make proportional releases from the Mongaup Power Reservoir System***** subject to minimum operating levels. | ||
In order to conserve storage, conservation releases from the listed lower basin reservoirs shall continue to be modified in accordance with Table 4 of section 890.11 of this Part for the duration of a lower basin "drought" condition.
Upon the declaration of a lower basin "drought" emergency, the lower basin states shall adopt and implement within the basin drainage area below Montague comparable mandatory conservation measure, including restrictions on non-essential water uses, and shall implement other provisions of "drought" contingency plans designed to achieve a target of 15 percent reduction in depletive water use. The following water uses shall be deemed non-essential:
When the storage levels in Beltzville and Blue Marsh Reservoirs simultaneously exceed their respective lower basin "drought" storage levels for 30 consecutive days or either one of those reservoirs spills, the lower basin "drought" operation shall automatically terminate and either lower basin "drought warning" or normal operations shall be resumed in accordance with subdivision (b) or (c), unless the decree parties unanimously agree otherwise.
If, following the triggering of a lower basin "drought" or lower basin "drought warning" under this plan, the combined storage in the New York City Delaware River Basin Reservoirs declines to basinwide "drought warning" or "drought" conditions as defined in section 890.9 of this Part, the parties to the 1954 Decree shall select and agree to, and the Delaware River Basin Commission shall implement, the provisions of either paragraph (f)(2) or (f)(3) of this Plan. In the absence of unanimous agreement, the operating rules set forth in section 890.9 of this Part shall govern. The parties may be unanimous agreement modify and adjust either plan as necessary and appropriate to respond to actual conditions. In selecting between the alternative plans, and any modification thereto, the parties will consider the following factors:
N.Y. Comp. Codes R. & Regs. Tit. 21 § 890.12