Filed Under: Environmental Issues | New York City | Water | Water

Long Island SoundIn 1997 a landmark watershed protection agreement was reached after long term negotiations between the US Environmental Protection Agency, New York State, New York City, environmental representatives and 80 municipalities in the watershed regions. The goal of the agreement, also known as the "Memorandum of Agreement" (or "Agreement") is to protect New York City's water supply (and thus preclude the need for filtration), while also preserving the autonomy and economic viability of upstate watershed communities. The Agreement defines the scope and implementation of three major elements of watershed protection: land acquisition and stewardship, watershed protection and partnership programs, and new watershed regulations. To achieve these goals, New York City committed to investments of $1.4 billion over 15 years. Land Acquisition and Stewardship: The Agreement stipulates the City spend $250 million over a 10-year period to acquire undeveloped water quality-sensitive land through purchase or conservation easement in the area of the Catskill/Delaware system (potentially increasing to $300 million), and $35million in the Croton watershed. The State has committed an additional $17.5million for land acquisition east of the Hudson. Also, under the North American Wetland Conservation Act, administered by the US Fish and Wildlife Service, the State has $1.2 million to purchase critical wetland habitat in the Great Swamp in Putnam County. The agreement defines and ranks five priority protective areas in the watershed based on their proximity to reservoirs and their distance from the City's distribution system. As part of the Agreement, the City renounced its eminent domain authority, and instead must solicit the owners of 355,050 acres of eligible land in the area of the Catskill/Delaware system to find willing sellers. Watershed towns and villages are allowed to exclude certain identified parcels from possible City acquisition through outright purchase (but not through conservation easements). As of June 2004, New York City had solicited owners of over 315,000 acres in the Caskill/Delaware watershed and over 50,000 acres have been either purchased or are under contract by the City, with an additional 7,000 acres of farm easements acquired by the Watershed Agricultural Council (see below). Included in the City’s acquisition portfolio are about 190 acres (of only 1,035 vacant acres available) in the Kensico Reservoir basin, one of the most important basins in the watershed. Also secured by both the city and state are 1,200 acres in the Croton Watershed, near the New Croton Reservoir in Westchester County. Watershed Protection & Partnership Programs: The Agreement also requires the City to fund several locally-based watershed protection initiatives designed to build a stronger working relationship between upstate and downstate. These programs include: The Watershed Protection and Partnership Council was created to provide a regional forum to aid in the long term protection of the City’s drinking water quality and the economic vitality of the watershed communities. Consisting of representatives from the watershed stakeholders, the Council brings together, as partners, to share information and reports of progress as well as to identify issues of concern. It also provides a resource fro dispute resolution. The Catskill Watershed Corporation (CWC), a locally-based non-profit organization which initially administered a $240 million in City funding for water quality and economic development programs in the Catskill-Delaware area. Additional allocations were made pursuant to the 2002 modifications to the 1997 agreement. This also includes the Catskill Fund for the Future (CFF), initially funding a $60 million economic development “bank” that would issue loans and grants to support responsible, environmentally sensitive projects in the west-of-the-Hudson watershed. The Watershed Agricultural Council administers City funding to the Watershed Agricultural Program for farm-specific pollution strategies, providing farmers with incentives to control runoff from fertilizer and livestock wastes. The Program has been a terrific success, signing up 91% of over 300 farms identified in the watershed. The City originally committed $40 million in several phases toward this program to refine and demonstrate an environmentally sound approach to farm management. The program is in its third phase. There are two additional elements under the Watershed Agricultural Council: (a) the Watershed Forestry Program includes educational sites that demonstrate sustainable forestry practices. The “Model Forests Network” highlights a wide variety of forest management techniques and water quality “best management practices.” (b) The Conservation Easements Program, which helps to support permanent protection to critical lands in the watershed through the establishment of conservation easements New Watershed Rules and Regulations: Revised for the first time since 1953, watershed regulations outlined in the Agreement are more stringent and focus on pollution prevention, while simultaneously accommodating responsible development around existing population centers. The new regulations set standards for the design, construction and operation of wastewater treatment plants; the design and setback requirements for septic systems; and stormwater control measures for commercial, residential, institutional and industrial projects. 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. The City also must review proposed development projects that meet certain thresholds with regard to, for example, proximity to water bodies, wetlands, and acres disturbed, for compliance with the new regulations. Federal Environmental Protection Agency (EPA) Review: In November 2002, EPA completed a review of the City's performance under the Agreement and the City's compliance with the Catskill/Delaware filtration waiver requirements. Overall, the EPA gave the City high marks for making significant progress in protecting the Catskill/Delaware watershed. EPA cited that the City has developed partnerships with multiple stakeholders in the watershed that enable it to implement necessary watershed protection program elements. The program contains significant enhancements as well as a commitment to continue to develop this “core” program for as long as the system remains unfiltered. EPA, in partnership with the New York State Department of Health, will conduct a comprehensive review of the City’s implementation of its Long-Term Watershed Protection Program, including implementation and enforcement of the Watershed Rules and Regulations by July 2006. The review will include input from DEP and watershed stakeholders. This will be the basis of EPA’s next revision to this determination, scheduled for April 2007, provided water quality standards continue to be met. Parties Involved: Government: Federal: Environmental Protection Agency (Region 2); State: Department of Environmental Conservation, Department of Health; City: NYC DEP (Bureaus of Water Supply, Bureau of Water and Sewer Operations, Bureau of Customer Services), NYC Water Board, NYC Municipal Water Finance Authority. Advocates: Natural Resources Defense Council, Riverkeeper, Croton Watershed Clean Water Coalition,, New York Public Interest Research Group Sierra Club-NYC Chapter Friends of Van Cortlandt Park,, Center for Watershed Protection, The Catskill Center for Conservation and Development, Environmental Defense.