I feel sorry for you. I think its pathetic that you politicize everything in life. The yacht club is not political and no one cares what anyone's affiliation may be. Being on the water whether for business or pleasure is a life all its own. Seeing the NYC skyline from underneath the Tappan Zee Bridge is something everyone should experience. Being on Long Island Sound is amazing.
Mostly its getting off the general track of everyday mundane life. You should try it sometime.
I apologize for using the term floodgates. Spillgates may be more appropriate, nonetheless the river is drawn down every autumn by lowering these devices and it could have been lowered when the storm was predicted 8 days or so in advance. Of course no one acted, and there was apparently no consensus to act even though flooding was discussed on the radio, TV and other media outlets? No?
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
Water Authority: Canal Corp ignores settlement offer, court intervention necessary
Story Created: May 19, 2010 at 4:17 PM EDT ( Story Updated: May 19, 2010 at 4:19 PM EDT )
ALBANY, N.Y. - Mohawk Valley Water Authority officials today announced two actions regarding years of water level disputes with the New York State Canal Corporation. Officials stated that a settlement offer extended to Canal Corp on April 28 has been ignored, and consequently, the Authority has deemed it necessary to file a motion to intervene in Erie Boulevard Hydropower’s Court of Claims action against New York State, the NYS Thruway Authority, and the NYS Canal Corporation.
MVWA Settlement Offer
In its April 28, 2010 settlement letter to Canal Corporation the MVWA offered these terms to try to resolve the litigation:
MVWA would indemnify the State for any damages recovered by Erie in connection with Erie’s litigation against the State.
The State/Canal Corporation would agree to deviate from the Operating Diagram, when necessary, to preserve reservoir levels.
MVWA would pay the State/Canal Corporation 2% of the MVWA’s cost per gallon charged for amounts withdrawn above 26 MGD (40.3 cfs) on those days when the inflow drops below 335 cfs during the Canal season.
MVWA would receive agreement from State/Canal Corporation to permit withdrawal of up to 43 MGD (66.65 cfs) if and when requested by MVWA in the future.
At such time as the MVWA begins withdrawing 40.3 cfs (~ 26 MGD), it would be willing to deposit into escrow at the beginning of each Canal season: $20,000 if withdrawals are anticipated to peak at 50 cfs (~32 MGD); $30,000 if withdrawals are anticipated to peak at 60 cfs (~39 MGD); and $45,000 if withdrawals are anticipated to peak at 66 cfs (~43 MGD) with the amount subject to reconciliation 30 days after the close of the Canal season. For additional water needed in excess of 43 MGD (66.65 cfs), up to the maximum 48.5 MGD (75 cfs), the parties would negotiate a fair price for the extra water to be taken.
This offer was extended with a request to respond by May 7, 2010. Receiving no response to the settlement offer, MVWA on Tuesday, May 18, 2010 filed a motion to intervene in Erie Hydropower’s NYS Court of Claims action against NYS, NYS Thruway and NYS Canal Corporation.
“MVWA has tried numerous times since 2004 to settle this dispute triggered by actions of the NYS Canal Corporation and Erie Hydropower,” stated Patrick J. Becher, MVWA’s Executive Director. “This latest failure to cooperate leaves us with no alternative but to again seek legal recourse.”
Motion to Intervene
MVWA’s motion to intervene relates to the October 21, 2009 claim filed by Erie Hydropower against the State, Thruway Authority, and Canal Corporation in the Court of Claims. That claim alleges a breach of the 1921 Agreement between Erie’s predecessor, Utica Gas & Electric (UG&E), and the State, arising out of Canal Corp’s September 2007 reduction of the release rate from Hinckley Reservoir lower than that called for by the Operating Diagram.
According to MVWA’s Becher, this situation was caused by Canal Corporation’s massive and unprecedented over-release of more than 2 billion gallons of water during the summer of 2007, and which caused a regional water emergency that threatened water supplies to 130,000 residential and business customers of the Mohawk Valley Water Authority. “This situation had never occurred before because there was a standard practice of adjusting releases so the water supply would not be jeopardized, in accordance with decades of reservoir management by the New York Power Authority (NYPA),” said Becher.
Becher said Canal Corp now takes the position that reservoir releases must be set in strict accordance with the 1921 Agreement’s Operating Diagram, regardless of hydrological conditions. This runs counter to the decades-old practice of preserving the water levels, when necessary, to protect MVWA’s water supply, he said.
“The MVWA’s legal actions are absolutely necessary and in fact, critical to preserving the MVWA’s water supply going forward”, stated Elis J. DeLia, Mohawk Valley Water Authority Board Chairman. “As a result of this state/private company relationship, Hinckley Reservoir is being operated to maximize the profits of a foreign-owned power company at the direct expense of the public water supply. This includes the state permitting Erie to benefit from any over-releases when there is excess water, yet requiring compensation when there is insufficient water to guarantee MVWA’s water supply.”
John Murad, of Hancock & Estabrook, MVWA Counsel, said that there are a variety of reasons that the MVWA needs to intervene in the Court of Claims action:
The issues being litigated in the Court of Claims action will have a direct impact on the MVWA’s 130,000 customers, including the interpretation of the 1921 agreement between the State defendants and Erie, which involves the historic recognition of the MVWA’s right to water from Hinckley Reservoir;
The State defendant’s have demanded that the MVWA defend the Court of Claims action or indemnify them against any damages awarded in the case;
The state defendants and Erie have previously entered into a “joint defense agreement,” in which their attorneys shared confidential information and communicated with each other’s witnesses in defense of the MVWA’s claims in litigation in Oneida County Supreme Court;
The State defendants and Erie have previously indicated that they interpret the 1921 agreement to not allow the decades old practice of allowing deviations from the Operating Diagram to preserve reservoir levels, which will injure the MVWA’s 130,000 customers;
The State defendants have recently begun operating the reservoir to not allow deviations from the Operating Diagram unless the MVWA pays Erie, a foreign owned power company, for the deviations, despite regular and enriching over-releases to the power company;
Erie’s alleged claims for damages is subject to the defense that the massive and unprecedented over release of water enriched Erie far more than its alleged damages; given Erie’s close relationship with the State defendants, MVWA is concerned that this defense will not be properly interposed or vigorously pursued;
“Given that joint defense agreement between the State Defendant and Erie, MVWA has no reason to believe that its interest in having a proper interpretation of the deviation exception—consistent with the parties’ long-standing practice—will be protected by the State,” noted MVWA Chairman DeLia.
Regional Appeal: Proper Reservoir Management and Good Public Policy
While there are diverse interests related to Hinckley Reservoir, many local Oneida and Herkimer County stakeholders agree that Canal Corp should be directed to return to the historic practice of deviations from the Operating Diagram during dry weather conditions.
A resolution recently was passed by the Oneida County Board of Legislators stating that deviations protect the interests of clean drinking water, environmental conservation, fisheries, wildlife habitat, power generation, economic development, tourism and recreational activities, and quality of life for Hinckley Reservoir residents and property owners.
“We firmly believe that all these interests can be balanced if the reservoir is managed properly,” stated Oneida County Executive Anthony J. Picente Jr. “However, from the first breach of protocol in 2007, the Canal Corporation has been uncooperative in their response to requests to honor the historic practices in the management of Hinckley Reservoir.” Picente continued, “If their actions since 2007 are a reflection of true intent, then the Canal Corp, the Governor’s office, and Erie Hydro need to place the health, safety and prosperity of our region at the top of their list.”
There also is strong support for a more comprehensive policy decision at the State level. Assemblywoman RoAnn Destito (D-Rome) of Oneida County, has been intricately involved in this issue. Among other actions, she facilitated a mediation discussion in the fall of 2004; initiated legislation to resolve the issue from a policy standpoint in 2005 and in 2006; and she coordinated a meeting of state agency officials in the fall of 2009 to once again press for a policy solution. “For the protection of the drinking water supply, I understand that MVWA must attempt to resolve past claims in a court of law,” stated Destito. “But for the long term, I firmly believe there should be a public policy solution that guarantees this region’s water supply for public health and economic development.”
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
Fall Seasonal Removal Of Flashboards and Fish Bypass Systems At Crescent and Vischer Ferry Dams
Contact:
Connie M. Cullen, NYPA 914-390-8196
Richard Harris, NYS Canal Corp. 518-436-3055
November 2, 2010
FOR IMMEDIATE RELEASE
ALBANY—Workers from the New York Power Authority’s (NYPA) Blenheim-Gilboa Pumped Storage Power Project, North Blenheim, working with the New York State Canal Corporation, will oversee a water drawdown for the seasonal removal of the flashboards and fish bypass systems at Vischer Ferry and Crescent dams beginning on Monday, Nov. 8. The Crescent and Vischer Ferry dams are located on the Mohawk River in the Towns of Niskayuna, Clifton Park and Colonie. The New York State Canal System is scheduled to close on Monday, Nov. 15.
The schedule is:
Monday, November 8 PM water levels at Vischer Ferry drop to elevation 211 feet (ft.) by Tuesday AM. This lowering represents a reduction of approximately 2 ft. below water levels normally observed during the canal navigation season.
Tuesday, November 9 AM water levels at Vischer Ferry rise to 213.3 ft. AM water levels at Crescent drop to 0.5 ft. below crest, elevation 183.5 ft. This lowering represents a reduction of approximately 1.5 ft. below water levels normally observed during the canal navigation season. Removal of flashboards at Crescent is completed. Fish deterrent system will be removed at a later date. PM water levels at Crescent rises to crest, elevation 184.0 ft. and at Vischer Ferry water level drops to elevation 211.2 ft. through the night.
Wednesday, November 10 AM water levels at Vischer Ferry drop to 0.3 to 0.5 ft. below crest. This lowering represents a reduction of approximately 2.5 ft. below water levels normally observed during the canal navigation season. Removal of flashboards at Vischer Ferry starts. PM water levels at Vischer Ferry rise to 0.1 ft. above crest.
Thursday, November 11 Flashboard removal suspended for observance of Veterans Day.
Friday, November 12 AM water levels at Vischer Ferry drop to 0.3 to 0.5 ft. below crest. This lowering represents a reduction of approximately 2.5 ft below water levels normally observed during the canal navigation season. Removal of flashboards at Vischer Ferry continues. PM water levels at Vischer Ferry rise to 0.1 ft. above crest.
Monday, November 15 AM water levels at Vischer Ferry drop to 0.3 to 0.5 ft. below crest. This lowering represents a reduction of approximately 2.5 ft. below water levels normally observed during the canal navigation season. Removal of flashboards and fish deterrent systems at Vischer Ferry is completed. PM water levels at Vischer Ferry return to crest, elevation 211.0 ft.
Barring any complications or inclement weather, the removal of the flashboards and fish deterrent systems will be completed Monday, Nov. 15. Unforeseen precipitation and high water conditions may delay this schedule. Any questions regarding this work should be directed to John Osinski in NYPA’s Albany Office at 518-433-6742.
About NYPA:
■ The New York Power Authority uses no tax money or state credit. It finances its operations through the sale of bonds and revenues earned in large part through sales of electricity. ■ NYPA is a leader in promoting energy efficiency, new energy technologies and electric transportation initiatives. ■ It is the nation's largest state public power organization, with 17 generating facilities in various parts of New York State and more than 1,400 circuit-miles of transmission lines. ■ More than 80 percent of the electricity it produces is clean renewable hydropower. Its lower-cost power production and electricity purchases support hundreds of thousands of jobs throughout the state. ■For more information, http://www.nypa.gov.
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
I feel sorry for you. I think its pathetic that you politicize everything in life. The yacht club is not political and no one cares what anyone's affiliation may be. Being on the water whether for business or pleasure is a life all its own. Seeing the NYC skyline from underneath the Tappan Zee Bridge is something everyone should experience. Being on Long Island Sound is amazing.
Mostly its getting off the general track of everyday mundane life. You should try it sometime.
Obviously, you have no sense of humor. If you knew me personally, you would know that I tease people .. particularly the people that I enjoy chatting and visiting with.
There is nothing wrong with yachting. I prefer traveling on land - by car (usually a limousine .. as you know I am one of those "limousine liberals" or train (climb aboard the peace train) -- but that is just a personal choice.
George Amedore & Christian Klueg for NYS Senate 2016 Pete Vroman for State Assembly 2016[/size][/color]
"For this is what America is all about. It is the uncrossed desert and the unclimbed ridge. It is the star that is not reached and the harvest that is sleeping in the unplowed ground." Lyndon Baines Johnson
Obviously, you have no sense of humor. If you knew me personally, you would know that I tease people .. particularly the people that I enjoy chatting and visiting with.
There is nothing wrong with yachting. I prefer traveling on land - by car (usually a limousine .. as you know I am one of those "limousine liberals" or train (climb aboard the peace train) -- but that is just a personal choice.
Obviously you have no clue in conveying your "sense of humor." And there was no way that I could know you were teasing me, as we do not chat nor do we visit.
I am glad to know however, that you prefer traveling on land - by car. It must be nice to travel by limousine being that most of the "peace train" people would abhor such a method. But I do believe strongly in personal choice.
Although I've never heard of a "limousine liberal."
I apologize for using the term floodgates. Spillgates may be more appropriate, nonetheless the river is drawn down every autumn by lowering these devices and it could have been lowered when the storm was predicted 8 days or so in advance. Of course no one acted, and there was apparently no consensus to act even though flooding was discussed on the radio, TV and other media outlets? No?
The river is drawn down every year because the canal closes up for the winter. Water levels are maintained under normal conditions so that commercial traffic may pass through. Flooding can occur at any time, with or without advance notice. Natural disasters happen whenever and wherever they do.
And again, there is no way to predict the effects of this event. All we can do is pick up the pieces and take it from here. And we are doing that.
Our own town of Rotterdam (Junction) is a disaster area. If anyone needs anything in our community our neighbors there need us. The Canal Corp is statewide and responsible for operating and maintaining the canals.
Several years ago when Canajoharie and St. Johnsville were devastated by flooding (the same one that wiped out Lock 10), members of both communities and the Amish pulled together and did what they could to bring their community back. I don't recall any talk radio or complaints and I happen to have family in those areas.
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