NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

Subpart 672-4: Toronto, Swinging Bridge, Cliff Lake and Rio Reservoirs

(Statutory authority: Environmental Conservation Law, §§ I-O101,3-0301,15-0805)

Historical Note

Subpart(§§672-4.1-672-4.5) filed May 2, 1980 eff. 30 days after filing.

Contents:

Sec.

§672-4.1 Applicability and construction.

This Subpart shall apply to releases of water from the Toronto reservoir to Black Lake Creek, the swinging Bridge reservoir to the Mongaup River, Cliff Lake to Black Lake Creek, and the Rio reservoir to the Mongaup River. Except as otherwise specifically stated herein, this Subpart shall be construed in a manner consistent with Subpart 672-1 of this Part.

Historical Note

Sec. filed May 2, 1980 eff. 30 days after filing.

§672-4.2 Definitions.

In addition to the definitions set forth in section 672-1. 2 of this Part, the following words and terms shall have the meaning ascribed to them in this Subpart, unless the context requires otherwise:

(a) The term agency shall mean the Orange and Rockland Utilities, Inc.

(b) The term agency reservoir releases manager shall mean that person formally designated by the appropriate officials of the Orange and Rockland Utilities, Inc. to fulfill the responsibilities of the agency reservoir releases manager set forth in this Part.

(c) Black Lake Creek shall mean those portions of a creek known as Black Lake Creek which run from the Toronto Reservoir to Cliff Lake and from Cliff Lake to the Mongaup River.

(d) Cliff Lake shall mean the reservoir known as Cliff Lake, located in the towns of Bethel, Highland and Lumberland, Sullivan County.

(e) Mongaup Falls reservoir shall mean the reservoir known as Mongaup Falls reservoir, located in the towns of Lumberland and Forestburgh, Sullivan County.

(f) Mongaup River shall mean those portions of a river known as the Mongaup River which run from the Swinging Bridge reservoir to the Mongaup Falls reservoir, from the Mongaup Falls reservoir to the Rio reservoir, and from the Rio reservoir to the Delaware River.

(g) Rio reservoir shall mean the reservoir known as the Rio reservoir, located in the towns of Lumberland and Forestburgh, Sullivan County, and in the town of Deerpark, Orange County.

(h) Swinging Bridge reservoir shall mean the reservoir known as the Swinging Bridge reservoir, located in the towns of Bethel, Thompson, Lumberland and Forestburgh, Sullivan County.

(i) Toronto reservoir shall mean the reservoir known as the Toronto reservoir, located in the town of Bethel, Sullivan County.

Historical Note

Sec. filed May 2, 1980 eff. 30 days after filing.

§672-4.3 Operation of reservoirs.

(a) Toronto reservoir. The agency shall make water releases from Toronto reservoir as are necessary and sufficient to maintain a constant minimum flow of 10 cfs in Black Lake Creek during all times of the year, as measured for the purposes of compliance with this Part at the release works of the Toronto reservoir. This provision shall not be applicable when water is spilling from the Cliff Lake reservoir or when the water elevation in the Toronto reservoir is below 1170 feet mean sea level.

(b) Cliff Lake. This Subpart does not establish any required releases from Cliff Lake at this time. The department reservoir releases manager, in cooperation with the agency reservoir releases manager, shall investigate Black Lake Creek downstream from Cliff Lake and determine the need for and practicability of water releases. Pertinent factors to be considered in the investigation shall include, but not be limited to, leakage through the existing outlet works, volume of storage in Cliff Lake, present and potential future stream fishery and availability of access.

(c) Swinging Bridge and Rio reservoirs. Owing to the lack of release works at the Swinging Bridge and Rio reservoirs that are adequate and appropriate to fulfill the purposes of this Part, this Subpart does not establish any required releases from said reservoirs. Required releases from such reservoirs may be established at some future date, following completion of the department's studies pursuant to section 672-l. 4(b) of this Part. While said reservoirs are not subject to any release requirements at this time, they are subject to all other applicable provisions of this Part.

(d) Rio reservoir. The department reservoir releases manager, in cooperation with the agency reservoir releases manager, shall investigate the feasibility of modifying operation of Rio reservoir to accomplish the purposes of this Part.

(e) The agency is not required to provide any notice to the department prior to the commencement of any action that is consistent with the provisions of subdivision (a) of this section.

(f) The agency shall comply with the request by the department reservoir releases manager pursuant to subdivision (g) of section 672-1. 3 of this Part.

Historical Note

Sec. filed May 2, 1980 eff. 30 days after filing.

§672-4.4 Recreational activities.

(a) The department reservoir releases manager may provide for releases from the Rio reservoir pursuant to this Part for such special recreational events as he finds appropriate, in light of the purposes of this Part and consistent with section 672-1. 3(g) of this Part, provided that prior approval for access has been secured from the riparian owners affected thereby. All requests for releases for special recreational events taking place between May 1st and July 31st, inclusive, pursuant to this section, shall be made to the department reservoir releases manager in writing no later than April 15th of the same year. Such request shall be accompanied by written authorizations of approval granting access from the riparian owners affected thereby.

(b) The department reservoir releases manager shall not provide, pursuant to this section,

(1) for more than one release during any calendar month,

(2) for more than two such releases between May 1st and July 31st, inclusive,

(3) for more than one release on any weekend, and

(4) for more than one release on each of two consecutive days during any calendar week.

(c) The department reservoir releases manager shall respond to all inquiries relative to the date, duration and nature of any such releases.

Historical Note

Sec. filed May 2, 1980 eff. 30 days after filing.

§672-4.5 Monitoring.

The agency reservoir releases manager shall be responsible for monitoring the amount of water stored in the Toronto reservoir and Cliff Lake, and for notifying the department reservoir releases manager at least 24 hours prior to an anticipated spill from Cliff Lake and at least 24 hours prior to the time at which the water level at the Toronto reservoir is estimated to reach 1170 feet mean sea level.

Historical Note

Sec. filed May 2, 1980 eff. 30 days after filing.