N.Y. Comp. Codes R. & Regs. tit. 6 § 671.2

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

Section 671.2 - Definitions

As used in this Part, the following words and terms shall have the meaning ascribed to them, unless the context requires otherwise:

(a) Callicoon gaging station shall mean the United States Geological Survey (USGS) stream gaging station No. 01427510 located on the Delaware River at Callicoon, New York, as identified in the publication entitled Water Resources Data for New York, Water Year 1978,U.S. Geological Survey water data report NY- 78-1 (see Subpart 672-6 of this Title).

(b) Cannonsville reservoir shall mean that reservoir known as the Cannonsville reservoir, located in the Towns of Tompkins, Deposit and Walton, Delaware County.

(c) City shall mean the City of New York.

(d) City reservoir releases manager shall mean an employee of the city formally designated by the mayor of the city to fulfill the responsibilities of the city reservoir releases manager set forth in this Part, which designation shall be on file in the office of the department reservoir releases manager. In lieu of such designation, the city reservoir releases manager shall be the administrator of the city department of environmental protection.

(e) Commissioner shall mean the Commissioner of Environmental Conservation.

(f) Delaware River shall mean that portion of a river known as the Delaware River which runs from Hancock, New York, to Delaware Bay.

(g) Department shall mean the Department of Environmental Conservation.

(h) Department reservoir releases manager shall mean the commissioner or an employee of the department formally designated by the commissioner to fulfill the responsibilities of the department reservoir releases manager set forth in this Part, which designation shall be on file in the office of the city reservoir releases manager.

(i) Designated downstream areas shall mean the following waters:

(1) the East Branch Delaware River between the Pepacton reservoir and the confluence of the East Branch Delaware River and the Beaverkill;

(2) the West Branch Delaware River between the Cannonsville reservoir and Hancock, New York;

(3) the Delaware River between Hancock, New York and Callicoon, New York; and

(4) the Neversink River between the Neversink reservoir and Bridgeville, New York.

(j) Diversion shall mean the withdrawal of water from the Neversink reservoir into the Neversink tunnel, from the Pepacton reservoir into the east Delaware tunnel, or from the Cannonsville reservoir into the west Delaware tunnel.

(k) Downsville gaging station shall mean the United States Geological Survey (USGS) stream gaging station No. 01417000, located on the East Branch Delaware River at Downsville, New York, as identified in the publication entitled Water Resources Data for New York, Water Year 1978, U.S. Geological Survey water data report NY-78-1 (see Subpart 672-6 of this Title).

(l) Drought condition shall mean any time during which the total usable amount of water stored in the Cannonsville, Pepacton and Neversink reservoirs constitutes a percentage of the total usable water storage capacity of such reservoirs equal to or less than the percentage of water storage indicated by curve B on that chart entitled Operation Curves for Cannonsville, Pepacton and Neversink Reservoirs, included in Appendix 9 of this Title.

(m) Drought-warning condition shall mean any time during which the total usable amount of water stored in the Cannonsville, Pepacton and Neversink reservoirs constitutes a percentage of the total usable water storage capacity of such reservoirs less than the percentage of water storage indicated by curve A on that chart entitled Operation Curves for Cannonsville, Pepacton and Neversink Reservoirs, included as Appendix 9 of this Title, but more than the percentage of water storage indicated by curve B on that chart.

(n) East Branch Delaware River shall mean that portion of a river known as the East Branch Delaware River which runs from the Pepacton reservoir to Hancock, New York.

(o) East Delaware tunnel shall mean that tunnel known as the east Delaware tunnel, running beneath the ground from the Pepacton reservoir to the Rondout reservoir.

(p) Hale Eddy gaging station shall mean the United States Geological Survey (USGS) stream gaging station No. 01426500, located on the West Branch Delaware River at Hale Eddy, New York, as identified in the publication entitled Water Resources Data for New York, Water Year 1978, U.S. Geological Survey water data report NY-78-1 (see Subpart 672-6 of this Title).

(q) Harvard gaging station shall mean the United States Geological Survey (USGS) stream gaging station No. 01417500, located on the East Branch Delaware River at Harvard, New York, as identified in the publication entitled Water Resources Data for New York, Water Year 1978, U.S. Geological Survey water data report NY-78-1 (see Subpart 672-6 of this Title).

(r) Neversink gaging station shall mean the United States Geological Survey (USGS) stream gaging station No. 01436000, located on the Neversink River at Neversink, New York, as identified in the publication entitled Water Resources Data for New York, Water Year 1978,U.S. Geological Survey water data report NY-78-1 (see Subpart 672-6 of this Title).

(s) Neversink reservoir shall mean that reservoir known as the Neversink reservoir, located in the Town of Neversink, Sullivan County.

(t) Neversink River shall mean that portion of a river known as the Neversink River which runs from the Neversink reservoir to Port Jervis, New York

(u) Neversink tunnel shall mean that tunnel known as the Neversink tunnel, running beneath the ground from the Neversink reservoir to the Rondout reservoir.

(v) Normal hydrologic condition shall mean any time during which the total usable amount of water stored in the Cannonsville, Pepacton and Neversink reservoirs constitutes a percentage of the total usable water storage capacity of such reservoirs equal to or greater than the percentage of water storage indicated by curve A on that chart entitled Operation Curves for Cannonsville, Pepacton and Neversink Reservoirs included as Appendix 9 of this Title.

(w) Pepacton reservoir shall mean that reservoir known as the Pepacton reservoir, located in the Towns of Colchester, Andes and Middletown, Delaware County.

(x) Release shall mean the discharge of water through the outlet works of a dam containing a reservoir or reservoirs to the river downstream of such dam. Release shall not include any water which spills from a reservoir.

(y) Roundout reservoir shall mean that reservoir known as the Roundout reservoir, located in the Town of Neversink, Sullivan County, and the Town of Wawarsing, Ulster County.

(z) Spill or spilling shall mean the flow of water over the spillway of a dam which contains a reservoir or reservoirs.

(aa) Stilesville gaging station shall mean the United States Geological Survey (USGS) stream gaging station No. 01425000, located on the West Branch Delaware River at Stilesville, New York, as identified in the publication entitled Water Resources Data for New York, Water Year 1978, U.S. Geological Survey water data report NY-78-1 (see Subpart 672-6 of this Title).

(bb) Usable amount of water shall mean the amount of water stored in the Cannonsville reservoir above the elevation of 1,040 feet mean sea level (msl), in the Pepacton reservoir above the elevation 1,152 msl, and in the Neversink reservoir above the elevation 1,319 feet msl.

(cc) West Branch Delaware River shall mean that portion of a river known as the West Branch Delaware River which runs from Cannonsville reservoir to Hancock, New York.

(dd) West Delaware tunnel shall mean that tunnel known as the west Delaware tunnel, running beneath the ground from the Cannonsville reservoir to the Roundout reservoir.

(ee) Woodbourne gaging station shall mean the former United States Geological Survey (USGS) stream gaging station No. 01436500, located on the Neversink River at Woodbourne, New York, as identified in the publication entitled Water Resources Data for New York, Water Year 1978,U.S. Geological Survey water data report NY-78-1 (see Subpart 672-6 of this Title).

N.Y. Comp. Codes R. & Regs. Tit. 6 § 671.2