N.Y. Comp. Codes R. & Regs. tit. 6 § 671.3

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

Section 671.3 - Operation of the cannonsville, pepacton and neversink reservoirs

(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 671.3