Protect The Delaware River!!!!!

[COZ]

Dear Friends, clients, business associates and fellow fly fishers,

Today is a sad day here on the Delaware River. As of 7AM this morning the cold water releases that are the life blood of this fine river system have been reduced to a mere trickle. We all know what affect this has on river habitat and its inhabitants. THE WILD RAINBOWS AND BROWNS OF THE DELAWARE RIVER ARE IN SERIOUS DANGER IF THIS RELEASE PLAN (FFMP) IS PERMANENTLY ADOPTED AS IT STANDS!!!

On September 24th in Trenton, NJ the Delaware River Basin Commission or (DRBC) will vote to adopt the WATER CODE that will put into place the current experimental water release plan (FFMP) that is currently in operation and responsible for this travesty. This FLEXIBLE FLOW MANAGEMENT PLAN or (FFMP) has proven to be anything put flexible and threatens the life of the Upper Delaware River System. The current Flexible Flow Management Program (FFMP) introduced in interim October 1st, 2007 has been a complete failurethis year in protecting the trout fishery. Temperatures rose to lethal proportions at Lordville, NY USGS gage as early as June 11, 2008. The readings at Lordville often exceeded (75 degree instantanious - 72 degree continues) the previous trigger located at Hankins 8 miles downriver despite an abnormally cool summer temperature. The situation in September is even worse. Releases on September 5th went from 900 cfs to 115 cfs in a matter of hours. The FFMP schedule calls for a 115 cfs release out of Cannonsville and will further drop releases to 80 cfs in the West Branch of the Delaware. This plan has the full support of NYC and will be made permanent pending approval of changes to the Water Code at the Delaware River Basin Commission (DRBC) meeting September 24th, 2008. The approval to change the Water Code that legalizes FFMP will need a unanimous vote by all decree parties from NY, NJ, Delaware and Pennsylvania.

We all should band together on issues such as this whether the emergency lies in Southern NJ, Florida Keys or Northern Colorado. This is the first outreach of its kind to put together a nation wide response for issues such as this.

FOR THOSE OF YOU THAT WOULD LIKE TO LOOK AT THE GRAPHS TO GET A GOOD VISUAL (SEE ATTACHMENTS)

My deepest thanks to you all for your help!!!!

Jim "Coz" Costolnick
Border Water Outfitters


MOST IMPORTANTLY!!!WE NEED YOUR SUPPORT - After Reading this Email Please!!!! PLEASE!!!! forward it to your client base, friends, relatives, fly fishers around the nation and others like yourself asking them to RESPOND IN OPPOSITION TO THE CURRENT FFMP PLANAND VOTE NO TO THE ADOPTION OF THE WATER CODE!!!!

Please let your voices be heard by September 22nd to all state and local agencies that include NJDEP; NYDEC, NYCDEP: PADEP; PA Fish & Boat Commission and the DRBC and tell them NO to any Water Code changes and NO TO FFMP

PLEASE SEND YOUR COMENTS OF OPPOSITION TO THE FFMP TO ALL THE ADDRESSES BELOW:

Michelle Putnam
Michelle.Putnam@dep.state.nj.us

Joe Miri
Joseph.Miri@dep.state.nj.us

Tom Brand
E-mail Address(es):
Thomas.Brand@dep.state.nj.us

'Carol Collier'
E-mail Address(es):
carol.collier@drbc.state.nj.us

Doug Austen
E-mail Address(es):
dausten@state.pa.us

James Tierney
E-mail Address(es):
jmtierne@gw.dec.state.ny.us

Len Lichvar
E-mail Address(es):
lennyll@yahoo.com

Mark Koltz
E-mail Address(es):
maklotz@gw.dec.state.ny.us

Norm McBride
E-mail Address(es):
Ndmcbrid@gw.dec.state.ny.us

'Pamela Bush'
E-mail Address(es):
Pamela.Bush@drbc.state.nj.us

Leroy Young
E-mail Address(es):
leyoung@state.pa.us

Mark Hartle
E-mail Address(es):
mhartle@state.pa.us

Norm Gavlick
E-mail Address(es):
norm@gavlick.biz

 

[dcabarle]

I have to admit... I have not seen the water on the big D like this in a really long time.

 

[MR.MCR]

I got an email from Ken Tutalo of Baxter House River Outfitters and he is very concerned ......

 

[oasis man]

QUESTION:
What is Not clear to me is that if we encourage the powers that be to vote no with regard to accepting FFMP, and they vote NO, what plan will then go into effect??

The reality is that the fishing community will be forced to choose from among the lesser of evils..

OM

Remember, there were some plans in the past that allowed 45CFS in the winter.

 

[dcabarle]

Here is another perspective. Pictures speak for themselves.

Upper Delaware River under FFMP - CLick this link to see photographs from Today, 9/6/08.

 

[dcabarle]

For comparison....

Here is a photo I took with ideal river conditions. As odd as it looks, someone was standing in almost the same exact spot today in which I required a boat to stand in before FFMP.

 

[rossk]

We would go back to the old flow regime. MUCH better. The FFMP is awful.

 

[Green Highlander]

Although the Delaware has never had perfect flows, as far as fishermen are concerned, I think we will all be in agreement that it has gotten worse over the past 3-4 years. The competing conservation groups with different agendas who negotiate with high emotions to undo "the new plan" (I've seen the presentations and read the text) seem to confuse the issues, aggravate the "powers that be" and I can't help they are now doing this on purpose to tweek you. It also seems contradictory that some of the conservation groups who are involved in the flow negotiations "discussion" were applauding 800 cfs and gushing about the new FFMP in January are now panicking that the sky is falling. I know it is a passionate subject for most of us who understand the value of the river and how special a fishery the Delaware River is, but we need to be realistic in our expectations. For those of you who fight the fight for better conditions for all of us, I thank you but I know this is a terribly frustrating time and we all need to look at the glass half full. I feel strongly that all of the acronym groups need to back off of the decree parties and perhaps things will return to some sense of normalcy.

1.Let's face it, the water is there for the people, not the fish or the fishermen. Money is involved which as we know will corrupt all.
2. The BRBC doesn't give a rats ass about the local economy in Hancock or any other town along the D.
3. The more groups that get involved to undo a "bad plan" tend to foul things up worse. I'm sure there is a new acronym group forming as we speak.
4. A modest fish kill strengthens the gene pool.
5. I live on the Ramapo in NJ and it is a trickle for most of the year and warm, yet we get more consistent mayfly hatches than the Delaware because the water rises and receeds naturally.
6. What's wrong with understanding realistically that it is a spring and fall fishery and if you get some good flows in the middle of the summer it's a bonus...buy golf clubs or do something with the family instead if the conditions are not ideal.
7. Stop targeting a perfect scenario, it will never happen and you will drive yourself crazy if you try.
8. Since there is no large voting block in that area, no weasel politician will champion your cause.
9. This isn't a conservation issue in states like Vermont, Montana, Oregon or others that have a population that understands the importance of the outdoors and it's resources. This is NYC and NJ where we have liberals (sorry for the politics) who have never fished and probably want to take away your rights to harm fish, who make the decisions for the river. They act more like the French than Americanas when it comes to conservation issues because they are so far removed from our inherent instincts by living in cities it is painful.

Time to watch some football...

GH

 

[NJFred]

GH. I have to say I am floored by your post. Raising the white flag is NO OPTION. Consider this...what would the Delaware River be like WITHOUT and conservation effort? Well I'll tell you.

It would be a put and take stocked fishery. That's what it would be.

 

[oasis man]

ROSSK,
Which "old flow regime"??? Revision 7? Or 6? Or......? They all have their strong and weak points. Some are best for the fishery, and some are best for the fisher-folks.
NYC is going to allow only a certain amount of water to be released, and the problem is how to release it to maximize the outcome for all concerned, an almost impossible problem.
OM

 

[Green Highlander]

Fred,

Show me the results and I will agree with you, it fished better when the dam leaked 400 cfs. All I am saying is that the current tact is not working and ALL of the groups need to back off. No sooner a "new" plan is put in place and a premature victory lap is taken, a new group pops up and starts trying to take another bite of the apple. Negotiations cannot work that way and it's time to drop back and punt...

GH

Maybe you need to ask the the decree parties to draw from the Cannonsville in June/July and from the Lackawaxen in August/Sept. (when high temps subside)...something different rather than a dramatic change that is not perseived as another bite of the apple.

 

[rossk]

ROSSK,
Which "old flow regime"??? Revision 7? Or 6? Or......? They all have their strong and weak points. Some are best for the fishery, and some are best for the fisher-folks.
NYC is going to allow only a certain amount of water to be released, and the problem is how to release it to maximize the outcome for all concerned, an almost impossible problem.
OM

I am referring to the flows before the variable Cannonsville valve was put in place, when the only choice was "lots" or "little". Flows were a good deal better under that scenario.

 

[rossk]

Believe it or not, there are laws in this country to protect natural resources. The federal Clean Water Act says that ALL the "designated uses" of a river have to be protected. That includes the Delaware's "use" as a recreational fishery, as habitat for fish and wildlife, and as a water supply. The point to consider is that each of these uses has equal weight under the law. NYC's claim to the water supply does NOT outweigh the rights of fish or fishermen. The burden should be on NYC to show that they cannot provide their water supply without impacting the river. At the same time, conservation groups can argue that it is possible and show how to do it.

IMHO it's time for the organizations involved here to grow a set, hire a competent attorney and get 'er done. Working "within the system" just isn't cutting it.

 

[COZ]

Here is the reality of our water problem!

Fisherman alone will not get these changes. Fisherman and flood groups together have a better shot fo making things happen. If the FFMP and water code is not passed we could go back to revision 7. Revision 7 originally has a temperature target at Hankins. This temperature target was arbitraraly moved by the DRBC to Lordville. Was this legal?? Was the proper procedure followed? I think not! As for the 800 CFS in Jan. FUDR was the only group that did not condone this.

The number on factor contributing to little cold water in the WEST is as follows:
Several years ago at a public meeting at PP&L's visitor center PP&L had a public hearing to address their FERC relicensing for the power generation from releases from Lake Wallenpaupac. At this public hearing it was FUDR and several other well informed people that strongly opposed this relicensing with the intention to bring PP&L to the table to negotiate water releases down the Lackawaxen from Lake Wallenpaupac Knowing such releases would reduce the cold water releases from Cannonsville in the summer when we needed the water the most and during prime power generation by PP&L. This was the last shot to have the chance and power to negotiate with PP&L. Alas Mr. Jim Serio AKA(BIG SPINNER head of the Delaware River Foundation now part of the Coalition stood up and I quote "I would like to thank and commend PP&L for this well though out plan". That was the knife in the heart of the WEST BRANCH RELEASES. At least Mr Rocky Aguire (of TU national) and I quote said "We support this plan with reservations". There you have it!!!

This past July we had some cold water release on weekends because PPL was not releasing for power generation. August bigger cold water releases were do to the fact that the water levels at Lake Wallenpaupac were below operating standards. A standard that was negotiated by the "Lake Owners Association" Next year there will be recreation releases from Lack Wallenpaupac on weekends. This was also a negotiated issue.

We can kiss those cold water release from Cannosville goodbye. My point......we had a chance to bring PPL to the table and a few "Let's play nice in the sand box guys (Serio/DRF and TU National) "Threw the BABY out with the Bath Water!!!!! Any more questions???

Jim "COZ" Costolnick
Border Water Outfitters
Hancock,NY

 

[babyblue]

I just checked some of the gauges for the West Branch at Walton, very little if any rise. The Beaverkill is already falling. Port Jervis is 1270, Montague is 2170. Water will need to be released soon to meet Montague.

There is no way this plan should be adopted! Look at the pictures, how many bugs were left high and dry when the level dropped? I thought the level was to be ramped down? What happened there?

Where is TU National? When are they going to get a major publication to do a cover and story about the way NYC is ruining the fishery? How about they devote their publication to this matter for a month?

 

[babyblue]

Coz,
Thanks for pointing that out!

 

[COZ]

Thanks Baby blue,

Send my post to your friends and get them behind the e mail push. VOTE NO ON THE FFMP as it stands. The concept is OK the perameters suck!!!

 

[brachycentrus]

Coz,
Thanks for saying what many know, but few express !!!

Alliance Energy is also doing a FERC mandated boating release on the weekends that PPL doesn't.

I think that FERC played a huge role in this acting as a co-conspirator with NYC.

Yesterday, as the the EB and WB were like a lake, there was a boating release out of Wallenpaupak. Another on the 20th and 21st. WTF !!!!!!!

Cannonsville is at this artificial level due to diversions to Rondout, not because of Montague or fishery releases. Rondout is at 94% capacity.

 

[oasis man]

I agree that if the Revision 7 temperature taget were really enforced, that would be a great plan. But I don't remember that temperature target being met...they did have thermal banks that were supposed to be used to meet these targets, but they were woefully short of what would be needed to meet the thermal targets at either Hankins or Lordville.
Clearly, the WB lost out when the PPL releases were added to the mix.
OM

 

[Green Highlander]

Thanks for making my point for me. There is no single vision, no one organization, no one voice just a group of competing organizations looking to grab the gold ring. You can disagree with me all you want Coz, but the fact remains that you have bounced from one organization to the other and have contributed to the problem you are trying to correct. As I told Mr. TU, they negotiated a bad deal, then Serio, then FUDR & Miri got involved and the whole thing is a complete disgrace. Now some new organization will try to correct the collective mess and screw things up further. This type of finger pointing rhetoric is why you are getting nowhere and all of you embarrassments should just back off and see what happens.

GH

 

[brachycentrus]

Thanks for making my point for me. There is no single vision, no one organization, no one voice just a group of competing organizations looking to grab the gold ring. You can disagree with me all you want Coz, but the fact remains that you have bounced from one organization to the other and have contributed to the problem you are trying to correct. As I told Mr. TU, they negotiated a bad deal, then Serio, then FUDR & Miri got involved and the whole thing is a complete disgrace. Now some new organization will try to correct the collective mess and screw things up further. This type of finger pointing rhetoric is why you are getting nowhere and all of you embarrassments should just back off and see what happens.

GH

GH,
Just what is this " Golden Ring" that you continuously refer to ?

 

[MACFLY]

Here is the reality of our water problem!

Fisherman alone will not get these changes. Fisherman and flood groups together have a better shot fo making things happen. If the FFMP and water code is not passed we could go back to revision 7. Revision 7 originally has a temperature target at Hankins. This temperature target was arbitraraly moved by the DRBC to Lordville. Was this legal?? Was the proper procedure followed? I think not! As for the 800 CFS in Jan. FUDR was the only group that did not condone this.

The number on factor contributing to little cold water in the WEST is as follows:
Several years ago at a public meeting at PP&L's visitor center PP&L had a public hearing to address their FERC relicensing for the power generation from releases from Lake Wallenpaupac. At this public hearing it was FUDR and several other well informed people that strongly opposed this relicensing with the intention to bring PP&L to the table to negotiate water releases down the Lackawaxen from Lake Wallenpaupac Knowing such releases would reduce the cold water releases from Cannonsville in the summer when we needed the water the most and during prime power generation by PP&L. This was the last shot to have the chance and power to negotiate with PP&L. Alas Mr. Jim Serio AKA(BIG SPINNER head of the Delaware River Foundation now part of the Coalition stood up and I quote "I would like to thank and commend PP&L for this well though out plan". That was the knife in the heart of the WEST BRANCH RELEASES. At least Mr Rocky Aguire (of TU national) and I quote said "We support this plan with reservations". There you have it!!!

This past July we had some cold water release on weekends because PPL was not releasing for power generation. August bigger cold water releases were do to the fact that the water levels at Lake Wallenpaupac were below operating standards. A standard that was negotiated by the "Lake Owners Association" Next year there will be recreation releases from Lack Wallenpaupac on weekends. This was also a negotiated issue.

We can kiss those cold water release from Cannosville goodbye. My point......we had a chance to bring PPL to the table and a few "Let's play nice in the sand box guys (Serio/DRF and TU National) "Threw the BABY out with the Bath Water!!!!! Any more questions???

Jim "COZ" Costolnick
Border Water Outfitters
Hancock,NY

Jim

We have written to the folks on the list but I have to make one comment and I think its been stated many times. For the last 3 or 4 years I have heard of various complaints regarding Jim Serio. From FUDR folks to others, its been a fairly consistent thing on the NEFF when May rolls around. I will put it bluntly. Even if Jim Serio was a complete screw up that in no way should have stopped others from doing more. What power does Jim hold? Does he prevent FUDR and others from doing what they want to do? Please stop this crap. It serves no purpose and only does what im sure NYC hopes it will accomplish. Divide any and all opposition.

So here we are in September and the river is down. My question and its an honest one. Absent this latest FFMP plan. What would the release be today and how would it be any more or less enforcable than what is going on now? If the answer is less, the same, or more with no enforcement than sorry thats not a plan. If the answer is less than today than sorry thats not a plan either. For the last few years FUDR has stated unequivocally that 600cfs release is doable. I have no reason to doubt their science. If that is in fact doable than perhaps its time to stop this crap and make an all out attempt to get a better plan with some enforcement. To make this the fault of one man is beyond ridiculous.

 

[babyblue]

Mac,
I understand what you are saying, but, playing nice with these people (NYC) is not going to work. NYC is the 800 lb. gorilla in the room, in order to get it's attention, you need to kick it square in the balls! This city has ruined the economy of Delaware county. They have just promised the feds to spend 300 million over the next 10 yrs to acquire every piece of property they can get their hands on. If it has a building/buildings, the City will foot the bill to have them torn down. The City cannot buy property that has structures, something they and the feds agreed to.
I feel so frustrated. What can I do other than e-mail as requested. Why doesn't NYC take that 300 mil and build a filtration plant on the Hudson? The aqueducts are falling apart that transport water to other reservoirs, hopefully to fail completely. What happens then? NYC will be holding out it's hand for more money. Mayor (I want to be for life) Mike, has no problem giving the Yanks and Mets money for stadiums (I might be wrong about that).
Bottom line is, we need to INCREASE, not decrease pressure on these people.

Rich

 

[COZ]

Highlander

We FUDR has several times extended our hands and to the DRF and Coalition to work as one with more power. Our hand was slapped as many times. The coalition thinks that if you don't ruffle feathers and play nicey nice that NYC and the DRBC will throw you a bone. They got a rude awakening when their CP2 was not even sponcered by a single party to the decree and yet they still kisss the _ _ _ of the DRBC. Who do you think ran the Oasis model for the DRBC???? Serio !!! I'm tired of hearing how the fishing community is working apart. I don't consider the DRF or the Coalition a part of this fishing community. It is the hard working flyfishers that step up and ask what can we do and how can we help!!! Not the guys sitting at home in their barka lounger doing nothing. For the past year we have been meeting with the TOP officials in each of the Basin states helping educate them to the workings and problems this system is faced with and believe it or not the majority of them had no clue!!! The fact is the DRBC will never move in a positive direction for this river or the anglers. Other avenues are now being taken. What importance does not passing the water code do for the cause. It stops the DRBC from moviing forward on and water business or plans in the basin. Do you think that might be enough to get someone to the table??? If the water code gets passed you might as well stay in the barker lounger til it's time for the DIRT NAP!!! Why did I and others leave the DRF to form FUDR?? For all the reasons above. Also let me conclude by saying no one, 10, 20, 30 or 500 fisihing groups are going to get the job done. The flood groups have to be a part of this quest and the DRF/coalition feels that the flood people are working against their goals. Lets look at this from a logical aspect. We the fisherman and the river inhabitants need cold water, flood people want the reservoirs lowered. Let the water out over a long steady period of time , OH! lets say from April to Oct at potential heavy run off times and hurricane season and everyone gets what they want. River gets the cold water and the flood groups get a safety void in the reservoir. Am I missing something??

If you can't see the simlicity of this solution my time here trying to explane is wasted. So stopping the passing of the water code and FFMP seems to be a card that needs to be played.

COZ

 

[COZ]

Of course Jim was not the sole cause, but it didn't help!. You had to be there. They the DRBC uses the DRF and Coalition to acknowledge that they the DRBC got the approval of the fishing community.

We had the chance to bring PPL to the table at the public hearing for the FERC relicensing several years ago. You know what happened there. My point is don't let the Sept 24th meeting bring the same outcome. We have the chance to try and stop the water code from being passed and perhaps negotiate from a stronger position . We know what doing nothing will result in and playing nice in the sand box, Well look where we are today.

COZ

 

[babyblue]

Coz,
Is this meeting open to the public?

 

[brachycentrus]

DRBC - Next Commission Meeting and Public Hearing

 

[babyblue]

Hopefully some will show for this. I will be there, how many others will join.

 

[MACFLY]

Mac,
I understand what you are saying, but, playing nice with these people (NYC) is not going to work. NYC is the 800 lb. gorilla in the room, in order to get it's attention, you need to kick it square in the balls! This city has ruined the economy of Delaware county. They have just promised the feds to spend 300 million over the next 10 yrs to acquire every piece of property they can get their hands on. If it has a building/buildings, the City will foot the bill to have them torn down. The City cannot buy property that has structures, something they and the feds agreed to.
I feel so frustrated. What can I do other than e-mail as requested. Why doesn't NYC take that 300 mil and build a filtration plant on the Hudson? The aqueducts are falling apart that transport water to other reservoirs, hopefully to fail completely. What happens then? NYC will be holding out it's hand for more money. Mayor (I want to be for life) Mike, has no problem giving the Yanks and Mets money for stadiums (I might be wrong about that).
Bottom line is, we need to INCREASE, not decrease pressure on these people.

Rich

Babyblue I know you are frustrated. I dont fish the river that often but I love fishing it and I dont like to see it in its current state especially since we know its completely unecessary.

What Im saying is that blaming a single individual is not helpful and frankly not accurate. What is needed is much louder and much more unified approach. I just dont believe that one person is to blame for the situation. Every time this issue comes up I ask the same questions as in my previous post. There is never a response. RossK has made some suggestions and it would be interesting to find out what if anything has been attempted in the past in terms of court action. It may not pay to be nice but if you plan to be confrontational its going to require money. Lets get EVERYONE together and start to fund an lawsuit. Anything other than what we have done in the past which is to blame Jim Serio.

 

[oasis man]

Since I have been retired for over ten years, I have had the opportunity to attend many DRBC meetings over the years. My observations are as follows:
1. The DRBC has absolutely NO power: they play an adminstrative role; it is the states and NYC that have the voting power.
2. Many of the people on this board that voice complaints have never attended a single DRBC meeting, and are unfamiliar with the political and legal issues that control the releases.
3. The current FFMP is clearly NOT what was asked for by the "Conservation Coalition"...and the current version of FFMP was only accepted by NYC becase it did not increase drought warning/watch/etc. over the study period, relative to the current plan.
4. I agree with COZ that attempts to work with the powers that be have been less than rewarding....the fishing community must absolutely get together with the flood control folks in taking a hard line.
5. With regard to law suits: this must be carefully thought out. I know FUDR at one time was getting a legal group together, since I knew a lawyer that I put in touch with Craig Findley. It would be interesting to get an update from FUDR as to what their legal team is telling them with regard to lawsuits...Recognize that NYC has unlimited resources to fight any legal action..
OM