[Congressional Record Volume 163, Number 86 (Thursday, May 18, 2017)]
[House]
[Pages H4320-H4321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    FLEXIBLE FLOW MANAGEMENT PROGRAM

  The SPEAKER pro tempore (Mr. Marshall). The Chair recognizes the 
gentleman from New York (Mr. Faso) for 5 minutes.
  Mr. FASO. Mr. Speaker, I would like to draw the House's attention 
today to the ongoing negotiations between New York City and the States 
of New York, New Jersey, Delaware, and Pennsylvania, regarding the 
Flexible Flow Management Program.
  The current Flexible Flow Management Program, which governs New York 
City reservoir releases into the Delaware River Basin, expires at the 
end of this month on May 31. This interstate agreement is a critically 
important water management tool that helps mitigate downstream impacts 
of New York City's reservoirs.
  In addition to supporting the water allocation goals, the Flexible 
Flow Management Plan helps control the flow of water downstream, 
decreasing the likelihood of catastrophic flooding events. The FFMP 
also provides critical support to the Delaware River freshwater trout 
fishery, which is an important part of the Catskill's regional economy.
  Unfortunately, if the Flexible Flow Management Plan is allowed to 
expire, we jeopardize the safety and well-being of constituents along 
the entire length of the Delaware River. The progress that has been 
made towards finalizing the FFMP agreement cannot be lost due to a 
breakdown in communications among decree party members.
  I encourage all parties to return to the table from their respective 
States and agree to at least a 1-year extension to allow the 
negotiation process to continue.
  Mr. Speaker, I call attention to this important issue because it 
greatly affects the lives and livelihoods of tens of thousands, indeed 
millions, of people in the entire Delaware River Valley and the 
Delaware River estuary, which covers New York, New Jersey, 
Pennsylvania, and the State of Delaware.
  Mr. Speaker, I include in the Record a letter I sent to the four 
States on May 11, 2017, on this important matter.

                                     House of Representatives,

                                     Washington, DC, May 11, 2017.
     Secretary Shawn Garvin,
     Delaware Department of Natural Resources and Environmental 
         Control, Dover, DE.
     Commissioner Bob Martin,
     New Jersey Department of Environmental Protection, Trenton, 
         NJ.
     Secretary Patrick McDonnell,
     Pennsylvania Department of Environmental Protection, 
         Harrisburg, PA.
     Commissioner Basil Seggos,
     New York State Department of Environmental Conservation, 
         Albany, NY.
     Acting Commissioner Vincent Sapienza,
     New York City Department of Environmental Protection, 
         Flushing, NY.
       Dear Members: As Decree Party Members, I want to thank you 
     all for being willing and active participants during Flexible 
     Flow Management Plan (FFMP) negotiations over the last number 
     of years. Your past willingness to engage with all 
     stakeholders is admirable.
       Unfortunately, I am disheartened to hear that a finalized 
     FFMP has yet to be established. Despite the recent breakdown 
     in the conversation, I believe that it is not too late to 
     continue collaborative negotiations toward a final agreement. 
     With the deadline fast approaching, it is vitally important 
     that all Decree Party Members return to the table to continue 
     the dialogue. Incredible reforms and relationships have been 
     established over the last decade; we cannot let these efforts 
     go to waste.
       I understand that several proposals to improve basin 
     management and releases have been suggested up to this point, 
     and I urge all Decree Party Members to consider positive 
     reforms, including:
       Thermal mitigation banks to provide support to cold-water 
     fisheries during times of thermal stress in the Pepacton, 
     Neversink, and Cannonsville ecosystems;

[[Page H4321]]

       Flood mitigation improvements that will decrease the risk 
     of disastrous flooding events both above and below the dams;
       Continued evaluation of the impacts of fully utilizing the 
     F.E. Walter Dam and reservoir.
       Regardless of the final changes to the FFMP, it is 
     imperative that we not sacrifice the progress which has been 
     made over the last number of years. All parties' specific 
     concerns and opinions have value, but we must accept that if 
     we are not willing to negotiate and compromise we jeopardize 
     the safety, well-being, and economic viability of all 
     communities within the Delaware River Basin.
       I eagerly anticipate a finalized FFMP before the May 31 
     deadline. If a new FFMP cannot be negotiated within that 
     time, a one-year extension should be agreed upon. Reverting 
     back to the 1980s reservoir management approach is 
     unacceptable.
       I am more than willing to provide support as needed.
           Sincerely,

                                                 John J. Faso,

                                               Member of Congress,
     19th Congressional District of New York.

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