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Task Force Report
SHEPAUG RIVER TASK FORCE REPORTPursuant to State of Connecticut 1996 Public Act 245, Section 23
January 1, 1997
FINDINGS
- THE DIVERSION OF WATER
- During the summer months, the City of Waterbury releases a minimum of 1.5 million gallons of water per day into the Shepaug River.
- The summertime effect of the diversion is to reduce the streamflow.
- The lack of streamflow produces an environment that is not healthy for aquatic life, and limits water available to riparian land owners.
- It appears possible that the City of Waterbury could operate its water system in a manner that would allow for a smaller diversion and greater streamflow. There are a range of operating practices which could be explored.
- The most direct way to restore streamflow is to increase the release of water into the Shepaug River.
- THE IMPLEMENTATION OF THE AGREEMENT
- The Town of Washington and the City of Waterbury do not agree about certain aspects of the 1921 contract Exhibit B
- The Town of Washington construes the contract as broadly remedial, in that the City is to use the Shepaug River as a secondary and not a primary source of water. Also, the Town of Washington holds the position that Waterbury has been or is continuing to operate in a manner not in conformance with every one of the requirements of the agreement.
- The City of Waterbury construes the contract narrowly, taking the position that it need only comply with each separate paragraph of the contract.
- Seventy-five years have passed since the contract was made and many circumstances have changed including the construction of additional reservoirs and a filtration plant by the City.
RECOMMENDATIONS
- The City of Waterbury should evaluate its potential to increase water releases to the Shepaug River during the summer months.
- That duly authorized representatives of the Chief Executive of the Town of Washington and the City of Waterbury meet and carefully review the contract for the purpose of achieving a common understanding of the purpose and requirements of the contract. If the representatives cannot come to an understanding, they should negotiate a resolution.
- The meetings and discussion should commence immediately, and conclude by April 30, 1997.
- The State of Connecticut Department of Public Health and Department of Environmental Protection should be allowed to participate as necessary during the discussions between Washington and Waterbury.
EXHIBITS
EXHIBIT A: 1996 Public Act 245, Section 23
EXHIBIT B: List of Members of Task Force
EXHIBIT C: 1921 Contractual Agreement
EXHIBIT D: Map of Waterbury Water Supply System