The battle over Hinckley Reservoir

By By JOLEEN FERRIS

ALBANY, N.Y. (WKTV) - The water levels go up, and the water levels go down, and now, New York State and the Mohawk Valley Water Authority are going to court over the interpretation - and enforcement - of a 90-year old agreement.

The operating diagram in question dictates water output from Hinckley Reservoir. Officials with the Mohawk Valley Water Authority say they've always deviated from the diagram when necessary to preserve the reservoir's water levels.

"In drought years, they ran it all summer at a flow rate that was roughly half of what the operating diagram said and that was fine for decades and decades and now since 2007, they've said that's no longer fine. And that's what we're up against that's what we're preventing with this action," said Water Authority Executive Director Patrick Becher.

Becher says that the state and Erie Hydro Power Corporation are embroiled in a lawsuit, the outcome of which he fears will be the authority now paying every time they deviate from that operating diagram. Oneida County Executive Anthony Picente is frustrated by years of haggling which he says recently ended with the state failing to respond to a settlement offer.

"Three percent of what is drawn out of there is to take care of 130 thousand customers for drinking water and public safety and we have to go to these lengths," says Picente.

Lawyers for the authority say there is no time frame for an end to a seemingly infinite debate.

"We have asked the court to allow us to intervene in the litigation; we don't have a return date yet so we don't have a timeline, I expect that motion will be heard some time in June of this year," says attorney John Murad.
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