Point Source vs' NonPoint Source

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Point Source vs. Non-Point Source

• -National Wildlife Federation v. Gorsuch tells us
  that Dams are Non-point sources

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Water Quality Standards

• Designated Uses
• Water Quality Criteria
• Anti-Degradation Policy

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FERC

• Grants licenses to dams
• License Must be in the Public Interest
• Must consider
• Future power demand supply
• Alternatives and alternative sources of power
• Public interest in preserving wild rivers and
  wilderness areas
• Preservation of fish for commercial and
  recreational purposes and
• Protection of wildlife.

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401

• Any applicant for a federal license or permit to
  conduct any activity which may result in any
  discharge into the navigable waters, shall
  provide the licensing or permitting agency a
  certification from the State in which the
  discharge originates or will originate that any
  such discharge will comply with the States water
  quality standards.

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401 Dams

• Dams are considered dischargers for 401
  purposes, making them subject to state water
  quality standards.

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CWA NYCRR Requirements

• Federal agencies shall co-operate with State and
  local agencies to develop comprehensive solutions
  to prevent, reduce and eliminate pollution in
  concert with programs for managing water
  resources. 33 USCS 1251 (g)
• Provide for the protection and propagation of
  a balanced population of shellfish, fish, and
  wildlife, and allow recreational activities in
  and on the water. 33 USC 1315(b)(1)(B)
• These waters shall be suitable for fish
  propagation and survival. 6 NYCRR Part 701.7

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General Classifications

• C
• Best usage is fishing.
• Can be used for primary and secondary contact
  recreation, but may be limited.
• B
• Best usage is C and primary and secondary contact
  recreation.

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General Classifications

• A
• C, B, and source of water supply for cooking,
  culinary or food processing purposes.
• All
• Shall be suitable for fish propagation and
  survival.

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Table IClassifications and Standards of Quality
and Purity Assigned to Fresh Surface Waters
Within the Cattaraugus Creek Drainage Basin
Including Other Drainage Basins Tributary to Lake
Erie Between Eighteenmile Creek and Big Sister
Creek Drainage Basin and Between Big Sister Creek
and Cattaraugus Creek Drainage Basins, Allegany,
Cattaraugus, Chautauqua, Erie and Wyoming
Counties, New York
838.5 Assigned Classifications and Standards of
Quality and Purity The classifications and
standards of quality and purity assigned to the
surface waters specifically designated and
described herein are set forth in table I subject
to the definitions and conditions stated above.
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6 NYCRR 703.2 Narrative Water Quality Standards
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704.1 Water quality standards for thermal
discharges (a) All thermal discharges to the
waters of the State shall assure the protection
and propagation of a balanced, indigenous
population of shellfish, fish, and wildlife in
and on the body of water.
704.2 Criteria governing thermal discharges (a)
General criteria. The following criteria shall
apply to all waters of the State receiving
thermal discharges, except as provided in section
704.6 of this Part (1) The natural seasonal
cycle shall be retained. (2) Annual spring and
fall temperature changes shall be gradual. (3)
Large day-to-day temperature fluctuations due to
heat of artificial origin shall be avoided. (4)
Development or growth of nuisance organisms shall
not occur in contravention of water quality
standards. (5) Discharges which would lower
receiving water temperature shall not cause a
violation of water quality standards and section
704.3 of this Part. (6) For the protection of
the aquatic biota from severe temperature
changes, routine shut down of an entire thermal
discharge at any site shall not be scheduled
during the period from December through
March. (b)(2) Trout waters. (i) No discharge at
a temperature over 70 degrees Fahrenheit shall be
permitted at any time to streams classified for
trout. (ii) From June through September no
discharge shall be permitted that will raise the
temperature of the stream more than two
Fahrenheit degrees over that which existed before
the addition of heat of artificial origin. (iii)
From October through May no discharge shall be
permitted that will raise the temperature of the
stream more than five Fahrenheit degrees over
that which existed before the addition of heat of
artificial origin or to a maximum of 50 degrees
Fahrenheit whichever is less. (iv) From June
through September no discharge shall be permitted
that will lower the temperature of the stream
more than two Fahrenheit degrees from that which
existed immediately prior to such lowering.
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More Water Quality Standards
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NYS Waterbody Inventory/Priority Waterbodies
List Summary Table (May 2005)
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TNC Sustainable Rivers Program

• Working with governments, lending institutions
  and energy companies to find ways to generate
  electricity from hydropower dams more sustainably
• 1) Determine environmental flows needed sustain
  river ecosystems.
• 2) Locate, design and operate dams in ways that
  protect necessary flow regimes and river species.

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ESWM Environmentally Sustainable Water
Management

• 1) Develop estimates of ecosystem flow
  requirements
• 2) Estimate current and future human water use
• 3) Identify incompatibilities
• 4) Collaborative approach
• 5) Water management experiments to reduce
  uncertainties
• 6) Adaptive management

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Fish Passage at Springville DamA Review of
Fisheries Issues

• NYS-DEC Bureau of Fisheries

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Overview

• Lower Cattaraugus Creek (34 miles)
• -Public access is limited because 20 miles
  falls within the Seneca Nation of Indians
  Cattaraugus Reservation
• - Steelhead support most popular tributary
  sports fishery and have brought it international
  recognition
• -Angler effort complied from recent surveys
  showed that it received the most angling effort
  for salmonids in both sampling years of any NY,
  Lake Erie Tributary

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Overview Continued

• Upper Cattaraugus Creek
• - Maintains 34 miles of Public Fishing Rights
  Easements
• - The creek runs clear most of the year
  providing ideal trout angling conditions
• - Brown, Rainbow, and Brook Trout are found
  within the creek and its tributaries

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Fish Community Changes

• If steelhead pass upstream they will have access
  to over 50 miles of high quality spawning and
  nursery habitat currently containing resident
  wild brown and rainbow trout populations
• Studies examining the interactions between
  resident brown and brook trout after the
  introduction of steelhead have provided
  interesting and sometimes conflicting results
• - some show brown trout increases, no
  declines in populations, or significant declines
  in populations
• Information is lacking regarding interactions
  between steelhead and resident rainbow trout
• -One study showed that 13 years after
  steelhead were introduced there was a 60
  reduction in abundance
• Fish Ladders will need to be modified to prohibit
  the passage of lamprey to the upper creek
• Limited information exists regarding the effect
  of the introduction of steelhead on fish other
  then salmonids
• Upstream passage may also transport diseases from
  the Great Lakes

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Economic Considerations

• The estimated economic impact of lower
  Cattaraugus Creeks steelhead fishery for
  2004-2005 was between 971,000 and 1.47
  million.
• The estimated economic impact of upper
  Cattaraugus Creek fishery was between 314,771
  and 477,178
• Expansion of the fishery to upper Cattaraugus
  Creek would substantially increase the economic
  potential of his fishery

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Social Considerations

• Benefits from steelhead passage include
  expansion of fishery, more accessible and
  fishable habitat, and increased angling
  opportunities
• Negative effects of steelhead passage may
  include angler crowding, unethical behavior,
  overlaps in use with inland trout anglers, need
  for increased law enforcement, posting of private
  property, and a need for more/larger angler
  access facilities
• 73 of anglers favored or slightly favored
  passing steelhead to upper Cattaraugus Creek
• Greater regulatory consistency between inland
  and Great Lakes salmonid fisheries needs to be
  achieved prior to steelhead passage

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Ecological Benefits

• Construction of fish passage/dam removal would
  restore the natural hydrologic function of the
  system, re-establishing connectivity between
  riverine and lake ecosystem that was lost when
  the dam was built

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Western NY Steelhead Salmon Fishermans
Association

• Advocate for Removal of the Dam to allow for
  steelhead propagation upstream, or
• Fish ladders to allow steelhead passage and a
  steady flow of water over the dam
• Oppose the proposed storage of as much water as
  possible until peak power times

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FERC

• Public interest
• Power demand and supply
• May help lower prices during peak hours
• Interest in preserving fish for commercial and
  recreational purposes
• Fish will not be significantly affected

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Fishing

• Upper
• Trout already limited by warm waters
• In the streams studied trout are already at or
  near carrying capacity
• Lower
• 75 of the steelhead trout are stocked

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Fishing

• Lamprey
• Stopped from migrating upwards due to dam
• If allowed to move up could add millions to cost
  of treatment

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Water Quality

• Designated uses
• Fishing
• Primary and secondary contact recreation
• Anti-degradation

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Water Quality

• Water quality criteria
• Water temperature
• Reservoir
• The dam
• Water pollutants
• Sedimentation
• pH change