Filed Under: Environmental Issues | Westchester | Water | Water

Wetlands

This landmark agreement was reached after lengthy negotiations among the Environmental Protection Agency, New York State, New York City, environmental representatives and 80 municipalities in the watershed regions. The goal of the Watershed Protection Agreement is to protect the water supply, and thus preclude the need for filtration, while also preserving the autonomy and economic viability of upstate watershed communities.

The Watershed Protection Agreement defines the scope and implementation of land acquisition and stewardship, watershed protection and partnership programs, and new watershed regulations. To achieve these goals, New York City has committed to investing $1.4 billion over 15 years.

The Agreement provides for New York City to purchase title to or conservation easements on environmentally sensitive undeveloped lands from willing sellers, defining and ranking five levels of protection priority in the watershed based on proximity to reservoirs and distance from the City's distribution system. Over a ten-year period the City is expected to spend $250 million for purchases in the Catskill/Delaware Watershed, and $17.5 million in the Croton Watershed. In March 2002, another $10 million of state funding was committed for Croton land acquisition over the next five years.

As of April 2004 the City's acquisitions in the Croton system (primarily in Yorktown, in the New Croton Reservoir Basin), along with several purchases by New York State, total about 1,200 acres. Over 53,000 acres of land and conservation easements in the mostly West of Hudson Catskill/Delaware watershed have been secured, including over 6,500 acres placed under farm easements by the Watershed Agricultural Council using City funds.

The Watershed Protection Agreement also requires several local watershed protection initiatives designed to build a stronger working relationship between upstate and downstate. These programs include:

• The Watershed Protection and Partnership Council, which serves as a regional forum for the discussion and review of water quality concerns and related watershed issues.
   

• The Catskill Watershed Corporation, a locally-based non-profit organization that administers $240 million in City funding for water quality and economic development programs in the Catskill-Delaware area.
   

• The Watershed Forestry Council, based on the success of the Watershed Agriculture Program, which encourages sustainable forestry practices by the New York lumber industry. "Model Forests" highlight a wide variety of forest management techniques and water quality "best management practices."
   

• The independent non-profit Watershed Agriculture Council, which administers City funding for farm-specific pollution prevention strategies, providing farmers with incentives to control runoff from fertilizer and livestock wastes. This program has signed up 315 of the 350 farms identified in the watershed. The City committed $40 million in two phases toward this program to refine and demonstrate an environmentally sound approach to farm management.
   

• The Catskill Fund for the Future, a $60 million economic development "bank" that issues loans and grants to support responsible, environmentally sensitive projects in the west of Hudson watershed.

The regulations outlined in the Watershed Protection Agreement set standards for the design, construction and operation of wastewater treatment plants; the design and setback requirements for septic systems; and storm water control measures for commercial, residential, institutional and industrial projects.

The New York City DEP is charged with enforcement of the regulations, which includes aggressive policing and inspection of the watershed, increased water quality monitoring, regular inspections of sewage treatment plants, investigations of other potentially polluting activities, and taking legal action against polluters. New York City also must review proposed development projects that meet certain thresholds regarding, for example, proximity to bodies of water, wetlands, and acres disturbed, for compliance with the new regulations.

While many feel the regulations are not strict enough to protect the water supply, some local residents say the Agreement's regulations are too onerous. Landowners and developers from Westchester and Putnam Counties claim that the land-use restrictions will lower property values. In Putnam, litigants say that the Agreement's wetland, septic system, steep slope and buffer zone requirements allow building on just 3% of the available land.