DAILY GAZETTE
Schenectady, NY
August 27, 2004

SACANDAGA DWELLERS BLAME U.S. LICENSE FOR PROPERTY DAMAGE FROM HIGH WATER

By JOE MAHER Gazette Reporter

High water levels on the Great Sacandaga Lake have caused at least $175,000 in damage to private property such as docks, boats, stairways and boat lifts, according to a survey conducted by the Batchellerville Bridge Action Committee.

The group, which is made up of lake-area property owners, contends that the damage is the result of a flawed federal license that regulates reservoir operation and water releases.

A spokesman for the group said the regulations don't take into consideration years like 2003 when rainfall is higher than normal.

In 2003, there were two episodes of high water in the reservoir, one in the spring and one in the fall and winter. The high water in the winter — it was 16 feet above the target elevation — was particularly damaging as ice-encased docks were torn from their moorings as the water receded underneath.

Action committee co-founder Peter VanAvery said the license needs some minor adjustments to give the Hudson River Black River Regulating District the flexibility to release excess water from the lake, a manmade flood-control reservoir in Fulton and Saratoga counties.

"It's a disgrace that the Great Sacandaga Lake, one of the jewels of the Adirondack Park, is under the thumb of a regulating district indifferent to the plight of property owners along its 125-mile shoreline," VanAvery said. "At the very least the district should have issued a warning to access-permit holders when it became apparent that the lake would be full at the time of freeze-over last year. But the district did nothing," he said.

VanAvery said the district is the agency that can initiate a license change and "by its inaction the district is pocket-vetoing any possibility that the problem will be solved. What this means is every time we have an abnormally wet year we will see significant damage to private property."

The damage reports covered docks, stairs and shoreline erosion that damaged retaining walls and left tree roots exposed.

VanAvery said the committee intends to mount a lobbying campaign asking members and lake-area property owners to write to Gov. George Pataki, who appoints the members of the regulating district board.

A Pataki spokeswoman declined comment and referred questions to HRBR Executive Director Richard Lefebvre. He was traveling and unavailable for comment, according to staff.

LEADER-HERALD
Gloversville, NY
August 26, 2004

HIGH WATER CAUSED $175K IN DAMAGE AT LAKE, GROUP SAYS

By OMAR AQUIJE The Leader-Herald

EDINBURG - A volunteer group of private property owners around the Great Sacandaga Lake says high water levels last year caused up to $175,000 in property damage.

The total is the result of a survey conducted by the Batchellerville Bridge Action Committee that asked permit holders around the lake to provide figures on any damaged docks, wood steps, boats or other property.

There are about 4,600 permit holders around the 125-mile shoreline. Because only 125 residents responded to the survey, the action committee expects the damage total is higher.

The committee said lake levels during the winter and spring of 2003 were higher than normal, causing damage to property. The damage was extensive in December, when the lake, which is a reservoir, was 16 feet above target, the committee says. With the lake considered full at 768 feet, levels exceeded that total for at least 50 days on more than one occasion.

The Hudson River-Black River Regulating District, a public benefit corporation that operates the lake, blames the levels on abnormally high rainfall.

The regulating district's executive director, Richard Lefebvre, said it's important to see if last year's rainfall was an anomaly. He said he hopes to see an average rainfall this year.

The regulating district must abide by a federal license that determines how lake levels should be maintained.

The license is issued by the Federal Energy Regulatory Commission, an agency that regulates energy groups operating on natural gas, oil, electricity and hydropower. A hydropower facility is located at the Conklingville Dam, which controls water levels on the lake.

Peter VanAvery, co-founder of the action committee, has asked the regulating district to take measures in an effort to change the wording in the license to allow flexibility in managing the lake.

The changes would allow the regulating district to release water from the dams as necessary to prevent the type of property damage that occurred in 2003.

"We're not asking for a major rewrite of the license," VanAvery said.

The license includes a provision that allows for an amendment, but changing any amendment is still a complex process, VanAvery said.

The offer settlement that led to the license involved up to 40 signatories. Each would need to be notified ahead of time if an amendment were sought. But nothing can happen until the regulating district takes action, he said.

"The district has to initiate this thing," VanAvery said.

Lefebvre, however, said the license needs to be given a fair opportunity.

"It's not my want to unilaterally identify something as broken when perhaps it's manageable," Lefebvre said.

It took 10 years to create the license, which came into effect about two years ago and is good for 40 years.

The action committee hopes something is done to prevent property damage from happening again.

Last year's high levels had various effects on residents on the lake.

Edinburg resident Larry Hogan considers himself one of the lucky few.

While other residents lost their docks, Hogan was able to eventually repair the damage to his. But after seeing what happened around the lake last year, Hogan said he plans to take steps to prevent further damage to his 20-by-10-foot dock.

"It's too much of a risk to leave it in another year," Hogan said.

He plans to remove his dock when the colder season arrives.

Next for the action committee is to contact the governor and other elected officials. Since Gov. George E. Pataki appoints members to the regulating district's board, VanAvery hopes to encourage action. At the moment, the action committee is circulating a petition that residents will complete and submit to Pataki.

"We want to encourage the governor to put the pressure on the regulating district to take steps on the amending process," VanAvery said.