Delaware River Committee

Delaware Flows Mission Statement

 

NYSCTU seeks to protect and enhance the thermal ecological health and habitat of the entire Upper Delaware River system, with particular focus on the tailwater fisheries of the East Branch, West Branch, Neversink River, and Upper Mainstem, using the best data available to support its advocacy for scientific based management of flows and releases. 

 

General Goals

 

  • Habitat Bank Management and Utilization.

1.     The Committee will gain an understanding of the components of the Habitat Bank, how they are used and who is responsible (Who, What, When Where and Why).

2.     The Committee will appoint a sub-committee to monitor process (ensure application is proper).

3.     The committee will establish triggers for utilization of the bank and develop protocols.

  • Releases managed for ecological health

1.     The Committee will work to gain an understanding and define the differences of the importance of flows verses releases

2.     The committee will appoint a technical sub-committee to gather scientific data of flows / releases necessary for the watershed.

3.     The Committee will gather data to support specific habitat needs, develop recommendations and proposals on consistent flows and releases utilizing a scientific based approach and the OAISIS Model ensuring that they are realistic and within the constraints of the system

  • The Committee will appoint a sub-committee responsible for disseminating information to the membership on the status of issues and proposed changes.
  • Maintain positive communication with all organizations working on flows issue.
The Committee will investigate the possibility of increasing cold water storage at the Cannonsville and Pepacton dams.



Links

Check the flows and temperatures in the Upper Delaware System
Check the reservoir levels



Trout Unlimited
Delaware River Watch Updates

Delaware River Watch Update:

3/3/08

Trout Unlimited Statement on the Delaware River Flows

“A river is more than an amenity, it is a treasure. It offers a necessity of life that must be rationed among those who have power over it.”
-U.S. Supreme Court Justice Oliver Wendell Holmes, 1931 Delaware River Diversion Case

Delaware River Basin Commission
c/o Commission Secretary
P.O. Box 7360
West Trenton, NJ 08628-0360

March 3, 2008

Dear Delaware River Basin Commissioners,

After extensive review of the interim Flexible Flow Management Program (FFMP) for the Upper Delaware River and three Catskill reservoirs that provide drinking water to New York City, Trout Unlimited has determined that while the concept behind the FFMP is indeed the best way to manage the river’s flows, the actual water release schedules in the plan will continue to damage the ecosystem of the Delaware River.

Trout Unlimited (TU) is dedicated to the ecological preservation of the Upper Delaware River environment and its trout fisheries. Because of this, our organization and its New Jersey, New York, and Pennsylvania Councils cannot support the reservoir release schedules that are contained within the interim Flexible Flow Management Program (FFMP) due to the significant damage these releases will cause to the Delaware River’s ecosystem. In particular, under the interim releases the trout fisheries of the Upper Delaware River’s main stem will be damaged due to lethal rises in water temperatures and loss of habitat. Additionally, the interim release schedule will continue to harm American shad populations and habitat, dwarf wedge mussels and other fish and wildlife as well as the recreational tourist economy of the Upper Delaware region.

It is well documented that there is more than enough water in the Upper Delaware River for all the Decree Parties and for healthy aquatic habitat for trout, shad, and the many other species that live in and along the Neversink, East and West branches, and Main Stem of the river. The current constraint under which the FFMP is modeled, however, is invalid, biased, and inflexible:

• New York City’s annual diversions from Neversink, Pepacton, and Cannonsville reservoirs over the past ten years have averaged 508 mgd. Yet the Delaware River Basin Commission (DRBC) has consistently required that all OASIS modeling of future scenarios consider an annual New York City diversion of 765 mgd. This means that over 290 mgd is available for ecosystem benefits downstream of the reservoirs, not the 35 mgd that the DRBC is currently modeling.

• By imposing a release schedule calculated for extreme water supply diversions (765 mgd) when the actual annual average diversions are much lower (508 mgd), the DRBC’s interim FFMP will result in far more reservoir spills and significantly higher reservoirs each year than the OASIS model currently predicts. This is wasteful and irresponsible management of the Delaware River’s water.

• New York City’s annual average diversions have been decreasing over the past 15 years, and they are not projected to increase for the foreseeable future.

Given New York City’s average diversions and the resulting additional water in the Upper Delaware River, the following changes will correct the deficiencies of the FFMP with no risk to any of the Decree Parties’ water rights and availability.

(1) The releases in the interim FFMP must be increased. Higher reservoir releases from Cannonsville are needed from May to September to protect trout habitat in the lower West Branch and Main Stem Delaware River. Similarly, higher release rates are required for the Neversink and East Branch tributaries to protect against low flows and high water temperatures. In light of the large quantity of available water that will not be diverted to New York City and will eventually find its way downstream as spillage over the dams, TU cannot accept any FFMP without an increase in releases from all three reservoirs. The OASIS model can substantiate this, and the DSS model verifies the considerable habitat gains for the rivers.

(2) More release levels and seasons are necessary in the interim FFMP. The interim FFMP structure is very inflexible; during most summers, releases will remain in L2 more than 75 percent of the time. At a minimum, additional graduated levels need to be added to both the L1 and L2 Storage Zone. The FFMP will also benefit from additional seasons, particularly because of traditional water temperature and flow problems in mid- to late-May, early-June, and the summer period through mid-September whenever Montague flow target releases are not made.

(3) Weekly averaging of the Montague flow target is needed. The wildly fluctuating releases that result from the efforts to meet Montague flow target shortages must be eliminated. These extreme daily variances create dangerous water temperature fluctuations to the biota and disrupt various forms of recreation on the rivers. Proactive directed releases must be based on a weekly average target rather than daily variances. Anticipated hydropower generation releases from the Lackawaxen and Mongaup rivers make this entirely feasible and such a weekly averaging should be instituted immediately. Using anticipated water diversions, anticipated Montague target releases, and projected
hydropower releases, the Rivermaster can institute a weekly Montague release that accounts for these factors and eliminates these harmful and unnecessary daily fluctuations.

(4) Directed releases for the Montague flow target must be balanced from the reservoirs. Some portion of the Montague releases should be apportioned as necessary to the East Branch and Neversink rivers when the Rivermaster requires water releases for the Montague flow target. Such an allocation in releases will provide more aquatic habitat to the three tailwaters and help avoid draining Cannonsville during dry years.

(5) A formal annual review of the FFMP is mandatory. A process must be established to provide for an annual review of the FFMP to assess its performance. Consistent review, analysis, and response are needed to address any of its shortcomings and incorporate new research. Because these aquatic environments are extremely sensitive, we stress the need for the DRBC to maintain the ability to act quickly at times to avoid long-term environmental damage from loss of aquatic habitat. Any formal process to review and respond to new information or environmental conditions must include the stakeholders and not be unnecessarily hindered by the bureaucratic process.

TU recognizes the extraordinary efforts that are necessary for the equitable apportionment and management of the Upper Delaware watershed for both the DRBC and the Decree Parties. We recognize that management needs for these rivers will remain dynamic and require constant assessment. By implementing the above courses of action to correct the deficiencies of the interim FFMP, the DRBC and the Decree Parties can use their power to significantly improve the health of the Delaware River and its treasured trout fisheries—and with no risk to New York City or any other Decree Party’s water supplies or rights.

Sincerely,

Charles Gauvin
President, Trout Unlimited

Rick Axt,
President, New Jersey State Council, Trout Unlimited

Ken Undercoffer
President, Pennsylvania State Council, Trout Unlimited

Ron Urban,
President, New York State Council, Trout Unlimited



8/25/06


Update: Significant Progress on an Improved Release System for the Upper Delaware River and its Tributaries

From: Delaware River Foundation & Trout Unlimited National Office

For decades a controversy has raged between the fishing community and the administrators of the waters of the Delaware River.  Fishing conservationists know that while New York City and the down basin states of New Jersey, Pennsylvania and Delaware have their water needs guaranteed, the upper river has repeatedly gotten shortchanged.  New York City, which owns and operates three dams on the upper river: The Cannonsville Dam on the West Branch of the Delaware River, the Pepacton Dam on the East Branch Delaware River and the Neversink Dam on the Neversink River, has contended that any significant modification of the current water release policies would imperil their water supply.

A successful “Days on the Delaware” sponsored by the Delaware River Foundation and West Branch Angler on August 11th and 12th brought an exciting development to light.  A coalition of environmental groups that includes Trout Unlimited, The Delaware River Foundation and The Nature Conservancy, with tremendous input from professionals at Columbia University, have developed a new water policy for the Upper Delaware River that they say will achieve higher and more protective releases for the wild fish and aquatic life in these prolific rivers while continuing to protect New York City’s drinking water supply. After years of educating the Delaware River Basin Commission about the multimillion dollar recreational value of the river that is critical to the local economies, and the potential ecological and economic gains of a smarter water release system into these Delaware River tailwaters, we are beginning to see that a real improvement is a reality. 

Professor Kolesar and his team at Columbia University have dedicated thousands of hours of statistical analysis and detailed computer simulations of possible water flows and reservoir levels at Cannonsville, Pepacton and Neversink.  Using these computer models, the coalition has developed a plan that releases more water into the three rivers below the dams without any substantial increase in water availability risks to New York City or downriver communities like Philadelphia and Trenton.  These computer models take into account the drought of the century on the upper Delaware which occurred in the 1960s, and the very real possibility that New York City might in the future need to take more of the Delaware’s water than it does presently.  

The coalition has long argued that the reservoir releases should be based on the actual water levels of the reservoirs, and that as reservoir levels decrease and New York City approaches drought levels, the releases into the tailwaters should be ratcheted down, but to levels greater than the current minimum releases.  The coalition's "Adaptive Release Policy" is modeled to handle that drought, as well as other less intense droughts that have occurred since 1928.

The key to the solution lies in three important facts.  First, as many fishermen know, the Upper Delaware River and its tributaries suffer most in wet summers when natural runoff meets the Montague flow target just downstream of Port Jervis, NY.  In these wet summers the current operating rules allow little water to be released into the upper river, even though there is plentiful water in the reservoirs.  The proposed new policy releases more water in such wet summers – when New York City can well afford to do so.  Second, the current operating rules encourage water to spill over the dams, sometimes in the summer when warmer surface water threatens trout in the tailwaters.  The “Adaptive Release Policy” reduces spillage by allowing more water to be released when reservoirs are full or near full, and then when reservoirs reach a certain level, releases are switched to lower releases- but to levels that are still high enough to protect aquatic habitat.  Third, the new proposal will not affect the Montague flow target mandated by the Supreme Court.  Releases will still be required from New York City to meet the flow target at some times in the year, and coldwater releases will continue to be made to meet this requirement.

This new reservoir level-based release approach moves New York State DEC completely away from managing a complicated system of water and habitat banks and downstream temperature targets.  Instead, it uses scientific habitat research and computer modeling to develop a series of water releases that are tied to the reservoir levels and to the season of the year.  The new plan will put continuous releases of cold water into all three tailwaters – more total water will be released into the tailwaters than ever has in the past.  This new approach of continuous releases based on levels of reservoir storage will enhance fish populations and aquatic ecology of the entire Upper Delaware River System. 

Numerous communications and meetings with New York State DEC and the DRBC have resulted in the DEC accepting this basic concept as the most efficient, ecologically sensitive method of managing releases from the reservoirs.  DEC has committed to work with the coalition of conservation groups and with NYC DEP and develop a feasible reservoir release plan that uses ongoing scientific habitat studies to ultimately develop the actual release numbers from the three reservoirs. 


Date:  10/8/05

Letter from NY State Council Chair to address unequal releases and draining of specific reservoirs in the system:

Commissioner Emily Lloyd

New York City Department of Environmental Protection

59-17 Junction Boulevard, 10th Floor

Corona, NY 11368

Dear Ms. Lloyd:

On behalf of the Trout Unlimited (TU), I am writing to register my objections to recent decisions by DEP regarding releases from its water supply reservoirs in the Delaware Basin. 

The health of the upper Delaware system is a critical issue for TU and its members in the Northeast.  The West Branch, East Branch, Neversink, and upper mainstem Delaware are home to some of the best wild trout fisheries in the East.  The health of these fisheries and the rivers themselves is largely dictated by releases from DEP reservoirs.

As you know, the Delaware Basin has suffered through an extremely hot, dry summer.  Since late July, the Delaware Rivermaster has called for high releases to meet the Supreme Court mandated flow target at Montague New Jersey.  DEP has chosen to meet this target almost exclusively through releases from Cannonsville reservoir.  As a result, releases from Cannonsville have been in excess of 1,000 cfs on many days in August and September, and Cannonsville has been drained to approximately 27 percent of capacity (as of October 5).

We recognize that this decision has been made to preserve for New York City’s consumption higher quality water in Neversink and Pepacton reservoirs.  But DEP needs to realize that its decision has significant negative consequences for the health of the upper Delaware.  DEP’s chosen course of action this year (as in previous dry periods) is to drain Cannonsville to meet the Montague target, and then shift to the other reservoirs to meet the target once Cannonsville is too low to make meaningful releases.  This means that at first the West Branch receives extraordinarily high flows, while the East Branch of the Delaware and the Neversink receive only the bare minimums.  After Cannonsville is drained, the East Branch and the Neversink receive more water, and the West Branch dwindles to the bare legal minimum (almost certainly reduced pursuant to the Delaware River Compact’s drought rules).  Ultimately, of course, if we reach full drought declarations, all releases will be severely cut back.  Draining Cannonsville can also create a series of water quality problems for both the reservoir and the West Branch, including increased turbidity, algal blooms, and phosphorus re-suspension. The decision to release water from Cannonsville is a discretionary choice by DEP. 

Although the Delaware Basin is certainly moving toward drought, the effects of this recent dry period on the West Branch, East Branch, and Neversink will ultimately have been exacerbated by DEP’s strategy for meeting the Montague flow target.  TU also recognizes New York City’s reliance on the high quality water in Pepacton and Neversink reservoirs, but it even a slight shifting of releases has the potential to delay the crisis on the West Branch, and provide benefits to the East Branch and Neversink.

 The current situation also illustrates the wastefulness and inflexibility of the Montague target.  Since the beginning of August, the driest part of a dry summer, the Montague target has required DEP to dump water, creating unnaturally high summer flows and accelerating the whole system’s plunge toward drought warning.  The wastefulness in recent weeks has been even more pronounced, as releases have hovered over 1,000 cfs, and reservoir storage has plummeted.

Although we recognize that there is little to be done in the short term, we urge DEP in coming weeks to balance Rivermaster-directed releases between Cannonsville, Pepacton, and Neversink.  This could help stave off a water quality crisis in Cannonsville if the basin does receive some rain, and will in any event at least delay it a bit.

More importantly, we urge DEP to make sure that these issues are on the table as part of the ongoing process at the Delaware River Basin Commission (DRBC) to develop a new long-term management regime for the Upper Delaware.  The Flow Management Technical Advisory Committee will, hopefully some time this winter, decide what options for reforming the flow regime will be on the table for further evaluation and negotiation.  We urge DEP to make sure that the following issues (among a variety of others) are kept on the table and ultimately included in any agreement:

·      The Montague target must be made more flexible and rational.  If the same amount of water were delivered downstream in a more sensible way, it would greatly improve the health of the river and serve the needs of all water users.  This year, for example, Montague releases were relatively sparse through mid-July (largely because of wet conditions and hydroelectric generation in the lower basin), and the upper basin suffered as a consequence.  The upper mainstem in particular was very low and warm beginning in June through late July, and river users reported some fish kills.  Beginning in late July, the Rivermaster began calling for large releases, leading to the problems discussed above.  If the same amount of water had been released, but spread out over the whole summer instead of concentrated in August and September, the upper basin, particularly the upper mainstem, would have been far healthier.

·      The phenomenon that is occurring this year (huge releases and rapidly dropping reservoir levels triggering a drought declaration) also occurred during the 2001-02 drought.  Some mechanism needs to be developed to avoid this phenomenon.  Slightly lower Montague releases as the reservoirs drain would keep the rivers healthy and serve to delay a drought declaration.  Delaying a drought declaration by gradually cutting back on the largest Rivermaster directed releases, if done properly, has the potential to benefit water users and river health.

·      Releases need to be rationally balanced between rivers.  One of the few positive notes from the past year has been that slightly higher minimum flow targets (begun in 2004) have kept the East Branch and the Neversink in much better shape than they have been in past years.  DEC is currently doing studies to quantify the benefits of higher flows on these tributaries.  We recognize that Pepacton and Neversink provide better drinking water, and are harder to refill.  Nonetheless, as the Supreme Court decree parties move to develop a long-term flow agreement, they need to include some mechanism for balancing releases between all three tributaries to protect overall river health and the health of each of these fisheries.

Please contact me if you have any questions about these concerns.  Representatives of TU’s New York Council would be happy to meet with you to discuss our concerns about the upper Delaware further.

Respectfully,

Ronald Urban, Chairman

cc: Denise Sheehan, Acting Commissioner, NYDEC