OCR Text |
Show DELAWARE RIVER LITIGATION 629 consumption during such year is less than the City's estimate of the continuous safe yield during such year of all its sources obtainable without pumping. In any such year the City's estimate of anticipated consumption shall not exceed by more than 7% billion gallons the actual consumption in any previous calendar year; and its safe yield in any such year, obtainable without pumping, shall be estimated at not less than 1,355 m.g.d. after the Neversink and East Branch reser- voirs are put into operation; and. at not less than 1,665 m.g.d. after the Cannonsville reservoir is put into operation. If, at any time after the completion of the Cannonsville reservoir and prior to the year 1993, the continuous net safe yield for water supply of all of the City's sources of water supply, obtainable without pumping, is increased by the development of additional sources, such greater safe yield shall be used in determining the excess releases. "(d) The City of New York shall release the excess quantity pro- vided for in subsection (c) at rates designed to release the entire quantity in 120 days. Commencing with the fifteenth day of June each year, the excess releases shall continue for as long a period, but not later than the following March 15, as such additional quan- tity will permit. Such period is hereinafter referred to as the 'sea- sonal period.' The excess quantity required to be released in any seasonal period shall in no event exceed 70 billion gallons. In releas- ing the excess quantity specified for any seasonal period, the City shall not be required to maintain .a flow at Montague greater than the applicable minimum basic rate plus the excess quantity divided by 120 days, or in any event greater than 2,650 c.f .s., nor to release at rates exceeding the capacity of its release works. The City shall in each seasonal period continue its excess releases until March 15 or until the aggregate quantity of the flow at Montague in excess of the basic rate or in excess of such higher rates as are not the result of the City's prior releases, is equal to .the total specified excess quantity. "(e) The terms and. conditions provided in subsections (b), (c) and (d) hereof shall continue to be applicable in all respects in the event that the U.S.G.S. gaging station at Montague shall be relocated at a point below the confluence of the Neversink River with the Delaware River. "2. Minimum Capacity of Release Works at Reservoirs of City. In constructing the Cannonsville reservoir, the City shall install re- lease works of such capacity as will provide a minimum aggregate release capacity from all its reservoirs in the Delaware River water- shed of not less than 1,600 c. f. s. under conditions of maximum reservoir depletion. "3. Releases to be Continued in Spite of Interference. In the event that any works hereafter constructed by public or private interests in the watershed of the Delaware River outside of the State of New York shall prevent the proper operation of the U.S.G.S. gaging sta- tion at Montague or interfere with the effective operation of the above release requirement by diverting water past the station or by intercepting the natural flow and storing it in reservoirs with an aggregate storage capacity in excess of 25 billion gallons, the City of New York shall continue to make the releases above specified which would be required in the absence of such interference, and appropriate gaging stations shall be established for that purpose. |