New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 672 - RESERVOIR RELEASES REGULATIONS: OTHER › Subpart 672-1 - Reservoir Releases Regulations-General › Section 672-1.3 - Operation of reservoirs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Specific regulations pertaining to the operation of individual reservoirs or
						reservoir systems are set forth in the remaining Subparts of this
						Part.
(b) 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 and shall be deemed to
						include a rate of flow 10 percent higher than the stated, required or allowed
						rate of flow where the rate is a maximum allowable rate.
(c) The provisions of this Part shall not be
						deemed to require an agency to monitor the flow in a particular river or stream
						more than once during any 24- hour period, or, accordingly, to adjust releases
						or diversions of water from a particular reservoir more than once during any
						24-hour period; provided that an agency shall be responsible for monitoring
						flows and making any necessary corresponding adjustments at least once during
						every 24-hour period; and further provided that any such monitoring of the flow
						in a river or stream shall be binding on the agency with respect to compliance
						with the provisions of this Part until the next such monitoring is
						made.
(d) The provisions of this
						Part shall not be interpreted as requiring any adjustment of releases or
						diversions from a particular reservoir regulated by this Part in response to a
						hydrologic event of short duration which may cause any flow maximum established
						by this Part to be exceeded for a short duration (e.g., a summer rainstorm of
						three hours).
(e) An agency may
						propose and take an action with regard to the operation of a reservoir and its
						appurtenant facilities which does not meet the requirements of this Part if it
						obtains the department's approval of such action in accordance with this
						subdivision. Such department approval must be obtained prior to the
						commencement of any action pursuant to this subdivision. The department may
						approve an action proposed pursuant to this subdivision if it finds such action
						is reasonable and consistent with the purposes of this Part.
(1) The agency reservoir releases manager
						shall submit a written proposal for such action to the department reservoir
						releases manager. Such proposal shall specify the dates and times of the
						proposed action, the amount of water to be released, the rate at which the
						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 receipt of the written proposal by the agency reservoir
						releases manager, or as soon thereafter as practical, the department reservoir
						releases manager shall notify the agency reservoir releases manager by
						telephone whether the department has approved, approved with modifications, or
						disapproved the proposed action. In the event of an approval or approval with
						modifications, the department reservoir releases manager 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, the duration of the approved action,
						and any conditions pertaining to the implementation or termination of the
						approved action.
(3) As soon as
						practicable after notifying the agency reservoir releases manager by telephone,
						as provided in paragraph (2) of this subdivision, the department reservoir
						releases manager shall mail a letter to the agency reservoir releases manager
						stating the decision of the department with regard to the proposal involved. In
						the event the department has approved the agency's proposal or approved it with
						modifications, said letter shall specify the dates and times of the approved
						action, the amount of water to be released, the rate at which water is to be
						released, the duration of the approved action, and any conditions pertaining to
						the implementation or termination of the approved action. In the event the
						department has disapproved the agency's proposal or approved it with
						modifications, said letter shall specify the reasons for such disapproval or
						modifications.
(4) When the agency
						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 agency reservoir releases manager may submit
						a proposal for such an action by telephone to the department reservoir releases
						manager, which telephone proposal 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 agency reservoir releases
						manager shall mail to the department reservoir releases manager a written
						proposal stating those matters covered by the telephone proposal. Within 24
						hours of his receipt of such a proposal by telephone, or as soon as practical
						thereafter, the department reservoir releases manager shall notify the agency
						reservoir releases manager as to the department's decision regarding such
						proposal in the manner specified in paragraphs (2) and (3) of this
						subdivision.
(5) The telephone
						approval by the department provided in paragraphs (2) and (4) of this
						subdivision shall constitute the authorization for the agency to proceed with
						an action approved by the department pursuant to this subdivision. No action
						shall be taken by the agency pursuant to this subdivision until such telephone
						approval has been received, and then only in accordance with such telephone
						approval.
(6) The agency reservoir
						releases manager and the department reservoir releases manager shall each
						maintain a complete and accurate log of all telephone conversations made
						pursuant to this subdivision.
(7)
						With respect to any action proposed by an agency pursuant to this subdivision
						which relates to any inspection, maintenance or repair to any reservoir or any
						appurtenant structures or facilities, the approval, approval with
						modifications, or disapproval of the department under this subdivision shall be
						made only with respect to the time and duration of the proposed action and the
						effect of such proposed action on rivers and streams impacted thereby, and
						shall not be made with respect to the substantive details of the inspection,
						repair or maintenance activity. The department shall not unreasonably delay any
						inspection, maintenance or repair activity which the agency wishes to undertake
						with the regard to said facilities.