New Audit of NYDEP Shows Immediate Need For Year Round Voids
Diane Tharp
August 22, 2007

The Audit report of the Office of the New York State Comptroller, Thomas P. Di Napoli dated August 15, 2007 demonstrates unequivocally the necessity for an interim plan that creates voids in the Delaware River Basin Reservoirs. The purpose of the audit was to determine if the NYDEP monitored the extent and nature of the leaks in the Delaware Aqueduct System; initiated repair of the leaks and established a plan in the event of a sudden and unexpected loss of water from the system (collapse of the tunnel). The audit found that even though the leak was discovered 18 years ago, NYDEP did not monitor according to the recommendations; did not have a formal plan to begin the repair of the leaks; and has not established an emergency plan to ensure the safety and welfare of the people and communities involved. This report’s findings puts the Delaware River Basin in eminent danger for loss of property and lives during storm events and it now becomes imperative that voids be maintained at all reservoirs.

•  The investigation found that the Rondout West Branch Tunnel (RWB) was cracked throughout but was heavily cracked throughout 7,000 linear feet in two locations. It leaks at least 36 million gallons per day .If this tunnel should fail; not only is New York City’s water supply cut in half, but since all 3 Delaware reservoirs divert into the Rondout and the Rondout would not be able to empty into a collapsed tunnel, all the water is trapped in these reservoirs to spill billions of gallons of water constantly into the Delaware River. This creates a truly deadly scenario. The audit explicitly states that the NYDEP does not have the plan or equipment to even begin the short term repairs until 2011. Therefore, we must maintain voids in the reservoirs until the aqueduct is repaired.

•  To avoid excess stress on these cracks, two of which are adjacent to geological faults, the NYDEP is trying to maintain a reduced flow through this aqueduct. Thus if during an impending storm of excessive rainfall, to create a void, the NYDEP were asked to divert the 900mgd through the tunnel and put it into the Hudson, they would not be able to because this constant stress may cause the entire tunnel to collapse. Since the NYDEP is not able to create voids through diversions, then they must maintain voids in the reservoir system.

•  The segment of the Delaware Aqueduct carrying water from the Rondout Reservoir to West Branch Reservoir passes under the Hudson River at Chelsea, NY. Shaft #6 of the Delaware Aqueduct was designed as a tunnel blow-off and dewatering shaft. This shaft can be used to divert water directly into the Hudson. Also at this Chelsea pumping station 100-300mgd can be pumped directly from the Hudson in case of drought. It was used in 1989 so there is a way for NY City to supplement its water supply. Even though the leak was discovered in 1988 and the NYDEP knew that they would need Shaft # 6 to dewater the aqueduct, they apparently allowed it to become in disrepair because in this report, Emily Lloyd NYDEP Commissioner states that, ‘we are about to award a contract for 239 million for the first piece of the repair; the rehabilitation of Shaft #6.” Repairs were made to the valve in this shaft in December, 2000 and it was at his time that the NYDEP finally made public that the leaks did exist even though they had known about them for years. Until Shaft # 6 is completely repaired, voids must be maintained in all reservoirs because we have no means for emergency diversions into the Hudson.

•  The DRBC admits that the three dams are not retrofitted for larger releases. These are earthen dams between 40-50 years old. In an article written by FEMA, entitled, WHY DAMS FAIL, the first reason on the list is overtopping caused by floods that exceed the capacity of the dams. We have had three floods when capacity of these dams has been listed over 100% many times. Inadequate maintenance and upkeep is also listed as a reason for dam failure. Since it has been made public that dam inspection reports have been fabricated by the NYDEP in the past and in light of this new audit indicating that the NYDEP does not follow proper procedures, the capacities of all reservoirs must be lowered creating voids until complete dam inspections are done by an independent firm other than the decree parties.

•  In the previously proposed FFMP, additional storage was to be added to the Delaware Reservoirs. In light of this audit report, that suggestion is ludicrous. Any additional storage must be placed in the Catskill Reservoirs.

•  In this audit, Commissioner Emily Lloyd seems to think that a leak of 36 million gallons a day is insignificant, but it would not be insignificant if it were added to the releases in the Delaware in the summer months so that the fish would have more cold water releases and boaters would not have to carry their boats down many parts of the Delaware. We have to fight for every cfs of release and she simply dismisses this. This audit recommends that all components of the Delaware Aqueduct System be checked for leaks and cracks. All of these tunnels are 40-50 years old. How much water is really leaking? Exactly where is the 800mgd granted by the Supreme Court measured? Who monitors this amount besides the NYDEP?

The NYDEP has said that it would be negligent on their part to have voids in the reservoirs jeopardizing the water supply of the New York City residents and communities. Yet, they have known for 18 years about a leaking and cracking aqueduct that supplies half of the water to this same population and have not even begun to repair it. They have ignored the recommendations of countless engineering consultants concerning the monitoring of this system. They have allowed their only means of dewatering this system through Shaft #6 to become in need of repair. Yet, they have no emergency plan in place for the protection and security if this tunnel collapses.

Isn’t this negligent? They refuse to build the 8 billion dollar filtration plant that would supply New York City with drinking water for the future without any fear of drought. Isn’t this negligent?

After reviewing this audit, the DRBC must acknowledge that the only means of protecting this Delaware River Basin from being devastated by the mismanagement of the NYDEP is to maintain year round voids in the entire Delaware River Reservoir System including the Rondout Reservoir. The DRBC was created to protect this river, not to be responsible for the NY City Water Supply.

It is time for the states, and federal government to demand that the NYDEP agree to put the year round voids into the reservoirs until they made the necessary repairs to control spillage into the Delaware by diversion into their Hudson System. This report not only acknowledges the mismanagement of this organization, but proves the indifference to the lives of the people it affects each and every day by its arrogant decisions.