West Canada Creek --Action

Talking Points

Opposition to

Assembly Bill: A 03381-A West Canada Creek Riparian Rights Act
(Destito is sponsor)

Senate Bill: S 4176-A West Canada Creek Riparian Rights Act
(Griffo is sponsor)



O I strongly oppose the so-called “West Canada Creek Riparian Rights Act” and urge you to reconsider your support for the measure. It is premature and ill-advised. Rather, what is needed at this critical juncture is:
(1) a comprehensive, scientific watershed analysis on the West Canada Creek, and
(2) enforcement of current regulations.
O I do support the legislative initiative presently being developed by Assemblymember Marc Butler to fund a comprehensive, scientific watershed analysis of the West Canada Creek system.
O Beneficial uses for Hinckley Reservoir and the West Canada Creek include trout waters, recreation, including boating and fishing, water supply, and energy supply. The system faces increased pressures. Hydro plants are peaking; there is a demand for more water for development, and all of this has led to increased involvement by affected citizens.
O I think we need to develop a program for identifying and addressing direct and cumulative impacts of the various uses of the creek to ensure an appropriate balance between the competing uses of these waters that is protective of all uses and that will restore and protect these important water resources.
O I have a growing worry regarding adverse impacts to fish and wildlife and recreational uses of West Canada Creek. I am concerned that the uses of water supply and energy supply are degrading the more sensitive uses of fish and wildlife and recreation.

(1) Need for watershed analysis
One major problem is a lack of scientific information. A comprehensive scientific study of West Canada Creek is what is needed. This is essential if all stakeholders are to understand the complex issues involved in flow management. Such a study can only help resolve the impasses that are facing us now.
Before any major changes that could adversely affect the entire system are implemented, we must clearly understand all the problems, identify all the system’s users, and evaluate the different scenarios for environmental impacts.

(2) Need for enforcement of current regulations
Additionally, such a study is required under current law. New York State’s Environmental Quality Review Act mandates that scientific information be collected and reviewed before any action can be taken for increased water withdrawals. This has not been done yet.
Energy and water supply uses are already adversely affecting fish and wildlife and recreational uses on the West Canada Creek system. The state Department of Environmental Conservation has the duty to address the adverse impacts on fish and wildlife and recreational uses. DEC’s legal authorities/responsibilities come from the Clean Water Act, the state’s Environmental Conservation Law, and the state’s Environmental Quality Review Act.