February 10, 2009
Doug Austen, Executive Director Lisa Barno, Chief of Fisheries
Pennsylvania Fish & Boat Commission New Jersey Division of Fish and Wildlife
1601 Elmerton Avenue P.O. Box 400
P.O. Box 67000 Trenton, NJ 08625-0400
Harrisburg, PA 17106-7000
Pete Grannis, Commissioner
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1011
To Whom It May Concern:
We, Trout Unlimited and its undersigned members of the New York, New Jersey and Pennsylvania State Councils, are writing to express our concern with the issues surrounding the Upper Delaware River and its ecosystem. In 2008 the Delaware River Basin Commission (DRBC) and the Decree Parties, promised a new and flexible strategy to manage this important resource by means of a Flexible Flow Management Policy (FFMP). The rhetoric, press releases and assorted public meetings indicated a promising and forward thinking policy that would balance the vital drinking water needs of New York City; the flow considerations of the downstream residents; and the sensitive environmental resources of the river system. The promise, however, proved false, and the FFMP as implemented in 2008 was a failure in all ways except for providing New York City a means of hoarding water.
This failure resulted in a resounding roar of complaints that even the DRBC could not ignore. The DRBC decided to withdraw its proposal to amend the water code that would legitimize the FFMP at the December, 2008 meeting. Trout Unlimited welcomed this decision and along with many other groups agreed this was the correct and responsible decision. Now as 2009 dawns, the DRBC is again assigned the task of developing a new release plan. In doing so, we urge them to avoid the mistakes that led to the initial failure of the FFMP.
We recognize that the primary function of the Upper Delaware reservoirs is to provide a sustainable supply of drinking water to New York City. However, any new plan put forth by the DRBC must also address the health of the aquatic system and the needs of the downstream communities. This balance of all the constituents must prevail; it must include the health of the entire Delaware River not just sections immediately below the dams.
The use of modeling software such as OASIS, is only viable when valid data is entered. Currently the data modeling is using skewed water consumption data. New York City currently withdraws an average of just over 500 million gallons a day (mgd) from the system, and yet the FFMP is being modeled with a continuous 765 mgd or 800 mgd withdrawal rate. In the DRBC Response to General Comments (1/21/2009 page 11 of 13), this vital point is glossed over, and
indicates the DRBC’s intent to continue using this inaccurate data in the model. Actual documented consumption figures, whether 500 mgd, or 800 mgd, must be used for both modeling and establishing policy.
Usage and capacity are adequate to keep stable and consistent water flows in all the branches and the main stem of the river. The prior practice of extreme flows one minute, followed by almost completely stopping all flow within a few hours causes enormous strain on the aquatic environment and must be discontinued. This is possible by using some forward-looking flow strategies, instead of reacting to catastrophes after the fact. A proactive approach to providing a stable healthy river, as opposed to reacting to crisis, will provide a better and more reliable model.
Last but certainly not least, is the lack of any criteria on water temperature, which is a critical determining factor in trout survival and the established cold water ecosystem. Trout Unlimited urges caution on the use of target temperatures as they have previously resulted in reactive releases or cutbacks causing dangerous flow fluctuations. We believe that adequate releases from the New York City reservoirs will provide the proper temperature and flows necessary to sustain the fishery and its habitat in the Upper Delaware River. However, there should be a goal to proactively manage the releases from Cannonsville, Neversink, and Pepacton, such that a maximum temperature of 68oF is attained as far down the river as is reasonable.
In conclusion:
(1) The releases in the FFMP must be increased
(2) More release levels and seasons are necessary in the FFMP
(3) Weekly averaging of the Montague flow target is needed
(4) Directed releases for the Montague flow target must be balanced from the reservoirs
(5) A formal annual review of the FFMP is mandatory
Trout Unlimited and its three state councils urge the Pennsylvania Fish and Boat Commission, the New Jersey Fish and Game Council and the New York State Department of Environmental Conservation Division of Fisheries to apply all possible pressure on the DRBC to follow the above guidelines in proposing changes to the Water Code for the Delaware River.
Sincerely,
Dave Rothrock, Chairman
Pennsylvania State Council of Trout Unlimited
Ron Urban, Chairman
New York State Council of Trout Unlimited
Rick Axt, Chairman
New Jersey State Council of Trout Unlimited
Elizabeth Maclin
Trout Unlimited, Vice President for Eastern Conservation