CWT Call For Pause DEP Water Permit Application - Directors Claim Lack Of Communication Is To Blame

By Mary A. Crisafulli

ARKVILLE - The Coalition of Watershed Towns Executive Committee held a special meeting on Sept. 17, during which they called for a pause in the approval of the New York City Department of Environmental Protection's (DEP) Water Withdrawal Permit (WWP) until negotiations resume. The permit allows the DEP to use land in the New York City Watershed for water supply purposes.

Negotiations regarding the Watershed Protection and Partnership Program, initiated by the 1997 Memorandum of Agreement (MOA) between watershed communities and the City, have been ongoing for several years as part of the City's water permit process. The MOA established a partnership to cooperate in the development and implementation of a Watershed Protection Program, aimed at enhancing and maintaining the quality of New York City's drinking water and promoting the economic vitality of watershed communities. While negotiations initially started out challenging, with many disagreements, stakeholders were, until recently, comfortable with the way things were progressing.

CWT Attorney Jeff Baker stated that the DEP terminated negotiations on June 13 without prior notice. In early September, DEP submitted its WWP application. The draft application was not sent to stakeholders for review.

The resolution states, "...release of a draft permit that has not been reviewed or agreed to by the Coalition is likely to result in unnecessary acrimony."

CWT Directors state in a letter sent to the New York State Department of Environmental Conservation (DEC) that it has been the practice since the MOA was signed for watershed stakeholders to review the draft application prior to public comment and approval by the Department of Health. Directors want to ensure prior negotiation agreements will be upheld, and details of such agreements are still being negotiated.

After discovering that the application had been submitted, several stakeholders reached out to DEP politely asking to review the document, and were told no, said Ric Coombe, CWT chairman and Neversink councilman.

"We have been told that the draft is consistent with the elements negotiated so far, including no further acquisition in Priority Areas 3 and 4 except for flood buy-outs, Watershed Agricultural Easements and Watershed Forest Easements, land swaps, and some form of a Collaborative Streamside Acquisition Program. However, the details of implementation are important and not necessarily easily transferable from the 2010 permit," the letter states. It further states that DEP has indicated that it will only commit to the continued funding of the Watershed Protection and Partnership Programs to the extent that they are required as part of the next permit.

CWT Directors call for DEC Commissioner Amanda Lefton to delay the release of a draft permit for public comment until negotiations resume. The directors focus on the need for ongoing partnership programs. "The continued funding of those programs is critically important to the watershed communities, as it reflects the previously recognized need to mitigate the impacts of the City's watershed program and to invest in water quality protection measures," the letter states.

As of Sept. 24, Baker said they have not heard from DEC yet, nor DEP, who was CC'd on the email.