Comments for Public Meeting - Diane Tharp
March 27, 2007

I would like to thank the politicians here tonight for taking an interest in this so very important matter. The lives of everyone in this room have been changed during the last three years in ways that only flood victims can imagine. After reading this plan, I am concerned by the lack of indifference to the catastrophic events that have taken place; yet are not reflected in this plan. It does not meet the needs of fisherman, the recreational industry nor does it provide the flood mitigation needed.

This plan affects the entire Delaware Basin which includes 4 states, 42 counties and 800 municipalities. Why is there only a public meeting in one state for such an important plan that affects the lives of people in all 4 states?

The governors of the four states in September requested that a Flood Mitigation Task Force be formed to investigate the flooding problem. Why wasn’t this plan given to the Task Force so they could analyze it and send their comments and recommendations concerning this plan to the governors?

Exactly who is the author of this plan? Why are the names of the contributors to this plan not listed in this preliminary copy? Are we to assume that it was written by many members of each of the four states’ DEP agencies? Were there hydrologists and engineers involved? Or was it written by the members of this commission, all non-elected appointees? Was there equal representation from all four states? Who reviewed this plan and what qualifications do they have? In the Flood Mitigation Task Force Preliminary Action Plan, it is stated that the Oasis Model was found to be ineffective; yet, this FFMP is based on that model. The names, qualifications and affiliations of the writers of this FFMP plan need to be made public.

Assume for a moment that the reservoirs are all at 100% and Lake Wallenpaupack is also full and it is announced that there will be 6-8 inches of rainfall in three days. Under this plan, what will happen? Exactly nothing, because there are no releases during the month of March and this commission before the last three floods did nothing to alleviate the spillage into the Delaware. No changes were made to help us. Lake Wallenpaupack would try to release water only to increase the levels of the river so we have an already swollen river before the rainfall even begins.

What should happen when this scenario occurs? New York City would begin mandatory diversions to its Catskill System. Collectively, they have the capacity to remove 687 million gallons of water per day through their tunnels and aqueducts. They would activate a siphoning system. Each siphon has the capacity to remove 125 million gallons per day. The NYDEP at the Gilboa Dam on the Schoharie Reservoir in the Catskill Reservoir System did install four siphons that are capable of removing 500 million gallons per day collectively. Next year they will begin a project to install flood gates and other preventative flood measures including the opening of waste tunnels to keep reservoirs at manageable levels. If the NYDEP is placing these modifications at the Catskill Reservoirs to protect their citizens, then this commission most require in this plan that the NYDEP provide the same modifications on the Delaware Reservoirs. Every reservoir must have a Spill Avoidance Plan. However, if significant voids are maintained in the first place these “panic” measures will not have to be implemented. More releases must be made with additional releases for rainfall.

You mention the words “additional storage” in this plan eight different times, but this recommendation is missing from the Task Force Action Plan. However, if NY City and New York State plans on spending millions of dollars to have additional storage then they should add 20 % additional storage to their Catskill System which is closer to the city and then give us the 20% voids that are needed for flood mitigation. In this way they maintain the same amount of drinking water. The Supreme Court did not make this commission responsible for the drinking water supply of New York City. Since NY City subscribes to the unrealistic and dangerous “filtration avoidance plan”, it is their responsibility to figure out ways to increase their supply. It is your responsibility given to you in the Delaware River Basin Compact to protect this river, the wildlife, recreational activities and the people who live in the Basin.

Bill Gast from the PA DEP in a letter to me dated March 12 states that the additional storage will require modifications to the dams at Cannonsville and Pepacton. Will these modifications include flood gates? Paul Rush from the NYDEP in a Times Herald Article states that they are studying whether inflatable gates over the dam’s spillways could hold back more water. Another opinion comes from a spokesperson for the NYDEC who says that a study for additional storage will be complete in 2009. Paul Rush also throws out the option that another reservoir will be built for this additional storage yet, if this reservoir would hold siphoned and diverted water, but not be connected to the Delaware, I think this is a viable solution. How safe are these earthen dams? How often does this commission receive an inspection report and who inspects them? How accurate is the data you are receiving?

Tonight is a time to end the talking and begin to act.
o Before the Governors of the four states sign this document they must have the Attorney General’s Office from each of the decree party states investigate the action s of the NYDEP, NYC, the DRBC and PPL’s Lake Wallenpaupack before, during and after the three floods for negligence in their lack of action and reservoir management to mitigate flood crests and prevent spillage into the Delaware and its tributaries.
o The Attorney General’s Office must also examine this plan and the actions of these entities for violations to the Federal Wild and Scenic Act, the Delaware River Basin Compact and the Supreme Court Decree of 1954.
o The governors of the four states must also form a bi-partisan flood committee including experts from the field to examine this plan and the Flood Mitigation Task Force Recommendations and come up with a fair plan to all groups in the Delaware Basin and equal rights to all states. An emergency hearing must be conducted to collect the information and ask questions of the agencies involved. If a hearing can be held for the 24-48 hours of inconvenience during a snowstorm, then a hearing can be held for three catastrophic floods that have changes lives forever.

While this plan is being studied, the interim plan and fishery plan due to expire May 31 of this year should remain in effect with two modifications. The releases should continue to be based on the 80% rule for all 12 months of the year and secondly, all reservoirs should submit a preliminary “spill avoidance plan” that will be mandatory when and if the reservoirs are close to capacity and excessive rainfall is expected. It should include plans to divert or siphon water away from the Delaware and its tributaries. If reservoirs are managed with sufficient voids, these plans will not have to be implemented, but must be in place to avoid the chance of yet another historical crest level and the loss of lives.

This plan must be vetoed for the many reasons that I have stated above and the six pages of written comments submitted to the DRBC. Our politicians must get involved today! Three devastating floods have killed nine people, displaced thousands and cost hundreds of millions of dollars in damages. Yet, this plan is the best that this commission can come up with? This is an insult to the integrity of our governors and a violation to the constitutional rights of the people living in this Delaware River Basin. Save us, please save us. Please Governor Rendell. Veto this FFMP