IRREVOCABLE TERMS OF AGREEMENT for West Canada Creek



The following terms of the agreement are permanent and do not expire:

• The Canal Corporation agrees that the Water Authority has the right to use up to 32 million gallons per day of water from the reservoir for its customers.
• The Canal Corporation will not oppose expansion of the drinking water system within the limits set in the agreement.
• The agreement removes a major concern raised by DEC in their permit process over the legal ability of the MVWA to withdraw water from Hinckley Reservoir.
• The 1917 Agreement has been formally modified to eliminate the requirement for the MVWA to maintain Gray Reservoir and provide compensating flows.
• The Canal Corporation will manage Hinckley Reservoir levels above an elevation of 1195’ under normal conditions.
• The reserve amount of water for Herkimer County as required by DEC is guaranteed and becomes supplemental to 32 million gallons per day if MVWA actual use approaches that limit.
• The Water Authority agrees to make any improvements to its infrastructure necessary for these withdrawals, or necessary to expand its customer base.

TERMS FOR THE INTERIM PERIOD

During the interim period, both parties will work together to develop a new operating protocol for the reservoir to determine if, or when, the Water Authority can ultimately withdraw up to 48.5 million gallons per day. The development of the new protocol — referred to as an “Operational Support Tool” — is being spearheaded by the Upstate Freshwater Institute, a not-for-profit research corporation dedicated to the improvement of water quality and the advancement of freshwater research.

For more information, contact Patrick J. Becher, MVWA Executive Director, (315) 792-0310.

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