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The Rivers Alliance of Connecticut
&
The Housatonic Valley Association
Sponsored a Discussion of the Shepaug River Case
Saturday, April 8 from 9:00 am to 12:30 pm
at the Shepaug Valley Regional School in Washington, CT
The panelists included:
- William H. Bright - Cummings & Lockwood, Counsel to the Shepaug River advocates
- Alan J. Chapin - First Selectman of Washington
- Edwin S. Matthews, Jr. - President of the Shepaug River Association
- Curt Johnson - Counsel to the Connecticut Fund for the Environment
- Holly Winger - Cummings & Lockwood (led the technical case)
- Rick Patterson - Chairman of the Roxbury Conservation Commission and the Shepaug River Chapter of Trout Unlimited
The discussion covered:
- Preparing a citizens-action case under the Connecticut Environmental Protection Act (CEPA)
- Avenues of negotiation outside litigation
- Conduct of the trial
- The judge’s decision, particularly with respect to CEPA and riparian rights
- Implications for other rivers and natural resources
Background: The Shepaug River is one of the state’s numerous diverted rivers. The Shepaug is impounded and diverted by the City of Waterbury as a source of water supply; as a result the river suffers from low flow. In this case, advocates for the Shepaug River claimed that Waterbury’s diversions exceeded the city’s needs and that there were prudent and feasible alternatives to Waterbury’s management of its reservoirs that would provide more water for the river while leaving adequate water for Waterbury. The City of Waterbury argued that its diversion was legal and necessary, and did not constitute unreasonable impairment. Judge Beverly J. Hodgson, in a sweeping decision (issued February 16), ruled in favor of the river advocates. The implications of her ruling are being studied and discussed in Connecticut and in the New England region generally.
Rivers Alliance hopes to make available video/audio tapes of the conference. Anyone who is interested should contact them via e-mail or call 860-693-1602.