Legal Notice Regarding Suspension of Spring Freshet
SUSPENSION OF MINIMUM STREAM FLOW STANDARDS
BASED UPON A LIKELY WATER SUPPLY EMERGENCY
February 28, 2002
Pursuant to Conn. Gen. Stat. §22a-6 and section 26-141a-4(b) of the
Regulations of Connecticut State Agencies, the Commissioner of
Environmental Protection ("the Commissioner") declares that a
water supply emergency is likely to exist in the immediate future and as
such, the minimum stream flow standards imposed under section
26-141a-6(b) of the Regulations of Connecticut State Agencies (commonly
known as the"spring freshet" release standards), are hereby
suspended effective immediately. This Declaration, suspending the
minimum stream flow standards imposed under Section 26-141a-4(b),
applies to all dams or other structures subject to section 26-141a-1 et
seq. Of the Regulations of Connecticut State Agencies.
In taking the action noted above, the Commissioner notes that he has
received two petitions, one from the South Central Water Regional Water
Authority and the other from the Connecticut Water Company requesting
the declaration of a water supply emergency. In addition, based upon
information from the United States Geological Survey and reservoir
status summaries compiled by the Department of Public Health, the
Commissioner has determined that a lack of precipitation and runoff and
low levels of water remaining in public water supply impoundments in
comparison with previous years, is likely to result in a water supply
emergency.
This suspension is effective immediately and shall remain in effect
until March 15, 2002, at which time it shall expire. To remain in
compliance with this suspension, the operator of any impoundment or
diversion that withholds the spring freshet releases pursuant to this
Declaration shall also, before March 15, 2002: (1) publish notice to its
customers in a newspaper of general circulation of the drought
situation; (2) request a voluntary 10% reduction in demand for water;
and (3) take all other actions consistent with or prescribed by the
operator’s drought reponse plan. In addition, any operator that
withholds the spring freshet releases pursuant to this Declaration
shall, before March 15, 2002, notify the Department in writing, by
certified mail or hand-delivery, of the date they undertook the above
actions and that it has suspended the minimum flow releases required by
seciton 26-141a-6(b) of the Regulations of Connecticut State Agencies.
Pursuant to section 26-141a-7 of the Regulations of Connecticut State
Agencies, any person aggrieved by the denial of a petition or request
for a Water Supply Emergency Declaration may request a hearing in
accordance with the Department’s Rules of Practice. Any such request
for a hearing shall be sent to the Department’s Office of
Adjudications, 79 Elm Street, Hartford, Connecticut, with a copy to the
Commissioner of Environmental Protection. Any such hearing, while
pending, shall not enjoin the operation of this Declaration.
Finally, those affected by this Declaration are advised that this
Declaration does not affect the minimum stream flow releases
requirements imposed under section 26-141a-6(a) of the Regulations of
Connecticut State Agencies, (commonly known as the "daily
release" standards). As such, operators of impoundments or
diversions are advised that they must continue to comply with the daily
release requirements imposed under section 26-141a-6(a) of the
Regulations of Connecticut State Agencies.
February 28, 2002
Arthur J. Rocque Jr.,
Commissioner
Department of Environmental Protection
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