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Part 671: Reservoir Releases Regulations: Cannonsville, Pepacton and Neversink Reservoirs

(Statutory authority: Environmental Conservation Law, §§1-0l01, 3-0301, 15-0805)

Historical Note

Part(§§671.1-671.10) filed Nov. 23, 1977 eff. 30 days after filing.

Contents:

Sec.

§671.1 Purpose of this Part.

It is the general purpose of this Part to implement the policy of the State with regard to the release of waters from certain reservoirs, as set forth in title 8 of article 15 of the Environmental Conservation Law. Accordingly, it is the specific purpose of this Part to regulate the release of waters from Cannonsville reservoir into the West Branch Delaware River, from the Pepacton reservoir into the East Branch Delaware River, and from the Neversink reservoir into the Neversink River, in order to protect and enhance the recreational use of those rivers and the Delaware River, while ensuring and without impairing an adequate supply of water for power production or for any municipality which uses water from such reservoirs for drinking and other purposes, and while ensuring and without impairing the rights or interests of Pennsylvania, New Jersey and Delaware in the waters of the Delaware River basin.

Historical Note

Sec. filed Nov. 23, 1977; amd. filed May 30, 1979 as emergency measure, expired 60days after filing; amds. filed : Aug. 7, 1979; May 2, 1980 eff. 30 days after filing.

§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).

(1) 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 sha11mean 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) Woodboume 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).

Historical Note

Sec. filed Nov. 23, 1977; amds. filed : May 2, 1980; Nov. 5, 1984 eff. Nov. 5, 1984. Amended(a), (k), (P), (r), (aa)and(ee).

§671.3 Operation of the Caononsville, 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) Downsvi1le - East Branch Delaware
Pepacton November 1 - March 31, inclusive 32 mgd (50 cfs) Downsvi1le - East Branch Delaware
Neversink April 1 -October 31, inclusive 29 mgd (45 cfs) Neversink - Neversink
Neversink November l - March 31, inclusive 16mgd (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 th~ 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 flow must be maintained Constant minimum flow River in which constant minimum flow is to be maintained Gaging station and river in which constant minimum flow is to be maintained
Cannonsville April 16 to Nov. 30
inclusively
15mgd(23.2 cfs) West Branch Delaware river Stilesville
Cannonsville Dec. 1 to April 15
inclusively
5mgd(7.7cfs) West Branch Delaware river Stilesville
Pepacton April 8 to Oct. 31 inclusively 12mgd (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 10mgd (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 there after 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 there lease 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.

Historical Note

Sec. filed Nov. 23, 1977; amd. filed May 2, 1980eft. 30 days after filing.

§671.4 Recreational activities.

In order to assist persons wishing to undertake recreational activities on or along the West Branch Delaware River, East Branch Delaware River, Neversink River or Delaware River, the department reservoirs leases manager shall respond to all inquiries relative to the date, duration, and nature of releases to be or being made pursuant to this Part.

Historical Note

Sec. filed Nav.23, 1977 eff. 30daysafterfiling.

§671.5 Monitoring.

(a) The department reservoir releases manager shall be responsible for monitoring the West Branch Delaware River, the East Branch Delaware River, the Delaware River within New York State and the Neversink River on a continuous basis, in order to determine whether any significant adverse environmental impacts, including but not limited to fishkill incidents, occur as a result of the operation of the Pepacton, Cannonsville and Neversink reservoirs by the city pursuant to this Part. The department reservoir releases manager shall promptly investigate any such incidents which may occur and report the results of such investigations to the city reservoir releases manager.

(b) The department reservoir releases manager shall be responsible for conducting studies in order to:

(1) establish appropriate procedures for making graduated releases from the Cannonsville reservoir; and

(2) provide a technical data base for resolving such problems and issues associated with the release of water from Cannonsville, Pepacton and Neversink reservoirs as may be identified. The department reservoir releases manager shall consult with the city reservoir releases manager regarding such studies.

(c) The city reservoir releases manager shall be responsible for monitoring the amount of water stored in the Cannonsville, Pepacton and Neversink reservoirs and for notifying the department reservoir releases manager in writing at least 24 hours prior to an anticipated change from one hydrologic condition to another hydrologic condition as indicated by the chart in Appendix 9 of this Title.

(d) The department shall have authority, upon reasonable notice, to enter and inspect any property or premises for the purpose of investigating either actual, suspected or potential environ- mental degradation caused by actions which do or do not comply with the provisions of this Part, for the purpose of ascertaining whether certain actions do or do not comply with the provisions of this Part, or for the purpose of monitoring any actions which do or do not comply with the provisions of this Part.

§671.6 Records.

The city shall maintain detailed records regarding its operation of the Cannonsville, Pepacton and Neversink reservoirs. Such records shall be maintained at the city field offices at each such reservoir and at the office of the city reservoir releases manager. Such records shall at a minimum specify the amounts of water released daily from each such reservoir; the amount of water diverted daily into the west Delaware tunnel, the east Delaware tunnel or the Neversink tunnel from such reservoirs; and the amount of water contained daily in each of such reservoirs. Not later than 45 days following the end of any calendar month, the city reservoir releases manager shall provide to the department reservoir releases manager a summary of such records for that calendar month. Such monthly summary shall be in sufficient detail for the department to determine whether the city's operation of each such reservoir during the preceding month complied with the provisions of this Part. The department shall have the opportunity, after reasonable notice, to inspect the city's detailed records.

Historical Note

Sec. filed Nov. 23, 1977eff. 30 days after filing.

§671.7 Emergency situations.

(a) The provisions of section 671.3 of this Part shall not be applicable to any action taken by the city with regard to the operation of the Cannonsville, Pepacton or Neversink reservoir in any emergency situation where:

(1) there is a threat to the continued existence or safe operation of such reservoir and its dam, or any tunnel serving such reservoir, or the Rondout reservoir and its dam, or to any structures appurtenant to such reservoirs, or to the public health or safety;

(2) such threat may not be averted by any action taken in compliance with section 671.3 of this Part; and

(3) such threat can be averted by an action of the city that is not in compliance with section 671.3of this Part.

Any action taken pursuant to this subdivision shall continue only for such time as is necessary to avert the threat involved. The city reservoir releases manager shall provide immediate telephone notice to the department reservoir releases manager regarding any action taken by the city pursuant to this subdivision. The city reservoir releases manager shall provide written notice to the department reservoir releases manager with in five working days of any action taken by the city pursuant to this subdivision, which notice shall specify the action taken and set forth the reasons for the city reservoir releases manager's decision pursuant to paragraphs(1), (2)and (3) of this subdivision.

(b) The powers of the Delaware river Basin Commission under the Delaware river Basin Compact(as set forth in article 21 of the Environmental Conservation Law), with respect to declaring an emergency, including a drought, and taking certain actions with respect hereto, and 0, 434 Conservation of the Delaware river master under the 1954United States Supreme Court decree pertaining to the Delaware river (347U.S. 995 [1954]) area applicable to the provisions of this Part.

Historical Note

Sec. filed Nov.23, 1977eft. 30daysafterfiling.

§671.8 Applicability; duration.

(a) Nothing in this Part shall be deemed to alter:

(1) the allowable level of diversion of water (800 mgd) from the Cannonsville, Pepacton and Neversink reservoirs for water supply to the city of New York established by the Supreme Court of the United States (283 U.S. 805 [1931] and 347 U.S. 995 [1954]);

(2) the requirements imposed by the Supreme Court of the United States relative to the schedule of releases from the Cannonsville, Pepacton and Neversink reservoirs relating to the maintenance of a minimum flow of 1131.1 mgd (1750 cfs) in the Delaware River at Montague, New Jersey; or

(3) the requirement for determination and releases of an excess quantity of water established by the Supreme Court of the United States (283 U.S. 805 [1931] and 347 U.S. 995 [1954]). .

Historical Note

Sec. filed Nov. 23, 1977; amd. filed May 30, 1979 as emergency measure, expired 60 days after filing; amds. filed : Aug. 7, 1979;May 2, 1980eff. 30 days after filing.

§671.9 Enforcement.

(a) The Attorney General, on his own initiative or at the request of the commissioner, or the corporation counsel at the request of the city, may bring an action to restrain or enjoin any violation of any provisions of this Part. The commissioner shall furnish the Attorney General or the corporation counsel with such material, evidentiary matter or proof as may be requested by either of them in connection with such action.

(b) Notwithstanding the provisions of any law, the venue of any action commenced or proceeding brought pursuant to this Part may be in the county of Albany.

Historical Note

Sec. filed Nov. 23, 1977; amd. filed May 2, 1980 eff. 30 days after filing. Amended(a).

§671.10 Revisions to this Part.

On a periodic basis the department shall review and consider proposing amendments to this Part.

Historical Note

Sec. filed Nov. 23, 1977; amd. filed May 2, 1980 eff. 30 days after filing.