5/2/08 NYC DEP Position

Dear Mr. Webb:

This message is in response to your concern about potential flooding on the Delaware River . The Bureau shares your concern and manages its reservoirs in ways to help minimize the potential impacts of extreme storm events for those living in high risk flood prone areas. New York City along with the other parties to the 1954 Supreme Court Decree, the states of New York , Pennsylvania , New Jersey and Delaware have implemented the Flexible Flow Management Program (FFMP) for the Delaware River Basin . The FFMP provides a safe reliable supply of drinking water for millions of people; it protects the ecological needs of the river and assists with flood mitigation. The program is designed to reducing spilling to help with flood mitigation by making greater releases when storage is high. On the other hand, to preserve drinking water supply, lower releases are made when less storage is available.

The New York City reservoirs control only about 7% of the Delaware River ’s watershed; therefore their use for effective flood mitigation is very limited. While a 20 percent void might provide some measure of flood mitigation on the tributaries immediately below the reservoirs it would accomplish very little further downstream. On the other hand, it is important to point out that the New York City water supply reservoirs do not cause or exacerbate flooding; they do in fact attenuate flooding. The very significant benefits that these reservoirs provide in mitigating floods even when they are spilling should be recognized. A considerable percentage of storm runoff is held back behind the dam reducing the flood peak; higher peak flows enter the reservoirs than those that leave the reservoirs. Without the dams, regardless of their storage level, downstream peak flow rates would be significantly higher.

Thanks for your reply.

I find your reference to the 7% of the watershed disingenuous and irrelevant. But I only operate from a position of common sense and not with the obvious bias of your office, so my view is not likely to bother you very much.

If my house were "immediately below the reservoirs," I would not be very comforted by your response. Since a considerable portion of 93% of the Delaware watershed is below the location of my house, I am outraged by your callous indifference to riverside residents.

The FFMP has NO effective flood mitigation element! If the FFMP were modified to include year-round 20% safety voids and if your City did the right thing and spread its water dependence fairly among all its available resources (including the resources that require filtering) in measuring its fair share of the region's water for purposes of the Decree, you'd stop drowning Delaware riverside residents to let New Yorkers drink clean water.

The fact is that what does NOT attenuate flooding is spills--I accept that releases and voids attenuate flooding as a matter of common sense.

Thanks for your response, in any event. I know where you stand.

John G. Webb, III
JGW, INcounsel
500 International Drive, N.
Suite 125
Budd Lake, NJ 07828
(973) 426-8435 (Phone)
(973) 529-0259 (Fax)
(201) 317-0807 (Cell)
www.jgwincounsel.com