N.Y. Comp. Codes R. & Regs. tit. 21 § 890.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 890.9 - Schedule of phased reductions in diversions, releases and flow objectives during drought

(a)Criteria defining conditions.

For purposes of water management pursuant to section 3.3 and article 10 of the compact, diversions of water from the Delaware River Basin by the City of New York and State of New Jersey, compensating reservoir releases from the New York City Delaware Basin Reservoirs, reservoir releases from Beltzville Reservoir, Blue Marsh Reservoir, and other reservoirs under the jurisdiction or control of the commission, and streamflow objectives at the USGS gaging stations located at Montague, New Jersey, and Trenton, New Jersey, shall be governed by a schedule based upon a differentiation among "normal", "drought warning", and "drought" conditions defined by the combined storage in the Cannonsville, Pepacton and Neversink Reservoirs as set forth in Figure 1 entitled "Operation Curves for Cannonsville, Pepacton and Neversink Reservoirs". The division of the drought-warning zone into upper and lower halves shall be defined as a physically equal division, or 20 billions of gallons in each zone.

(b)Schedule of reductions.

The schedules of phased reductions set forth in Tables 1 and 2 shall govern (1) the maximum allowable rates of diversion of waters from the Delaware River Basin by the City of New York and State of New Jersey; (2) the minimum compensating releases to be made by the City of New York from its reservoirs in the upper Delaware Basin; and the streamflow objectives at the USGS gaging stations located at Montague, New Jersey and Trenton, New Jersey.

TABLE 1

Interstate Operation Formula for Reductions In Diversions, Releases, and Flow Objectives During Periods of Drought

NYC Storage Condition	NYC Div. mgd	NJ Div. mgd	Montague Flow Objective cfs	Trenton Flow Objective cfs
Normal	800	100	1750	3000
Upper Half- Drought Warning	680	85	1655	2700
Lower Half- Drought Warning	560	70	1550	2700
Drought	520	65	1100-1650*	2500-2900*
Severe Drought (to be negotiated based on conditions)

*

Varies with time of year and location of salt front as shown on Table 2.

TABLE 2

Flow Objectives for Salinity Control During Drought Periods

Seven-day Average	Flow Objective, Cubic Feet Per Second At:
Location of "Salt Front," River-mile*
Dec-Apr	May-Aug	Sept-Nov	Dec-Apr	May-Aug	Sept-Nov
Upstream of R.M. 92.5	1600	1650	1650	2700	2900	2900
Between R.M. 87.0 and R.M. 92.5	1350	1600	1500	2700	2700	2700
Between R.M. 82.9 and R.M. 87.0	1350	1600	1500	2500	2500	2500
Downstream of R.M. 82.9	1100	1100	1100	2500	2500	2500

* Measured in statute miles along the navigation channel from the mouth of Delaware Bay.

During "drought" conditions as defined by Figure 1, the streamflow objectives at the Montague and Trenton gaging stations shall be established as set forth in Table 2, in accordance with the seven-day average location of the 250 mg/l isochlor (the "salt front") in the Delaware Estuary.

Click to view image

(c)Diversion allowances and release requirements.

(1) The City of New York may divert waters from the Delaware Basin at maximum rates equivalent to the quantities set forth in Table 1.

(2) The State of New Jersey may divert waters from the Delaware River Basin, from the Delaware River or its tributaries in New Jersey, at maximum rates equivalent to the quantities set forth in Table 1.

(3) The City of New York shall release water from one or more of its storage reservoirs in the upper Delaware Basin in quantities designed to maintain the minimum basic rates of flow at the USGS gaging station located at Montague, New Jersey, as set forth in Tables 1 and 2.

(d) Computation of diversions.

(1) Diversions by the City of New York during "normal" conditions, as defined by Figure 1, shall be computed as provided in section III.A.4. of the amended Decree of the U. S. Supreme Court in New Jersey v. New York, 347 U.S. 995 (1954). At no time during a twelve-month period of the Water Year, commencing June 1, shall the aggregate total quantity diverted by the City of New York, divided by the number of days elapsed since the preceding May 31, exceed the maximum permitted rate of diversion.

(2) Diversions by the State of New Jersey during "normal" periods, as defined by Figure 1, 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). The total diversion by the State of New Jersey shall not exceed an average of 100 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 100 mgd during any calendar year.

(3) Diversions by the City of New York and State of New Jersey set forth in Table 1 during "drought warning" and "drought" conditions as defined by Figure 1, shall be computed as a daily running average, commencing on the day such drought warning or drought operations become effective, as provided in subdivision (e) of this section. 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.

(4) Upon return to normal condition operations, following a period of drought warning or drought operations, diversions by the City of New York and State of New Jersey shall be computed as averages commencing upon the date of return to normal operations.

(e)Effective period for drought operating schedule.

(1) The schedule of diversions, releases and streamflow objectives for "drought warning" operations as provided in subdivision (b) of this section shall go into effect automatically whenever the combined storage in the New York City Delaware Basin reservoirs declines below the drought warning line defined in Figure 1 and remains below that line for five consecutive days.

(2) The schedule of diversions, releases and streamflow objectives for "drought" operations as provided in subdivision (b) of this section shall go into effect immediately whenever the combined storage in the New York City Delaware Basin reservoirs declines below the drought line defined in Figure 1, and remains below that line for five consecutive days.

(3) When the combined storage in the New York City Delaware Basin reservoirs (including the projected water runoff equivalent of actual snow and ice within the watersheds tributary to the reservoirs) reaches a level 15 billion gallons above the drought warning line, as defined in Figure 1, and remains above that level for five consecutive days, the drought warning and drought operations schedules set forth in subdivision (b) of this section shall automatically terminate, and normal operations shall be resumed as provided in the amended Decree of the U. S. Supreme Court in New Jerseyv. New York, 347 U.S. 995 (1954).

(4) Pursuant to section 3.3(a) of the compact, the parties to the U. S. Supreme Court Decree in New Jersey v. New York, 347 U.S. 995 (1954), have given their unanimous consent to adoption and implementation by the commission of the drought operation schedules provided in this section. The parties have agreed that the drought operation formula will go into effect automatically, and be binding on parties for not less than 180 days following the triggering of drought warning operations, unless terminated automatically by improved storage conditions as provided in paragraph (e)(3) of this section. During the 180-day period following triggering of drought warning operations, authorized representatives of the City of New York, States of Delaware, New Jersey, and New York, and Commonwealth of Pennsylvania, as parties to the U. S. Supreme Court Decree, shall convene no less frequently than once each month to review current conditions, and they may extend, modify, or extend as modified the schedules provided in this section. If no unanimous agreement as to a continuing drought operation formula is reached within the 180-day period, all parties shall be released from the terms of the formula and schedules and may pursue their rights and obligations under the Delaware River Basin Compact and the U.S. Supreme Court Decree.

Footnotes

* Varies with time of year and location of salt front as shown on Table 2.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 890.9