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For more information:
John F. Sheehan, Communications Director
518-432-1770 (w)
518-441-1340 (cell)

Released, Tuesday, June 1, 2004

ALBANY, NY - The Adirondack Park's largest environmental organization today called on Gov. George E. Pataki and the NYS Legislature to propose and pass a Constitutional Amendment that would solve drinking water problems in towns across the six-million-acre public/private preserve.

"A 1913 amendment to the NYS Constitution already allows towns within the Adirondack Park to use up to three percent of the public, 'forever wild' Forest Preserve for municipal drinking water reservoirs," said Adirondack Council Executive Director Brian L. Houseal. "But reservoirs are no longer practical, given new state and federal regulations that require expensive filtration to make water safe to drink. We want to change the language of Article 14, Section 2 to allow local communities to drill wells and gain access to safe, pure water without breaking the law.

"There is very little groundwater contamination in the Adirondack Park, so drilled wells are far safer and more reliable sources of pure water than reservoirs," said Houseal. "But they are currently not allowed on the Forest Preserve. We'd like to fix that."

The group's proposal includes:

• A Constitutional Amendment allowing drilled wells or reservoirs with treatment facilities, which could be installed on up to two (2) percent of the Adirondack and Catskill Forest Preserves (55,166 acres).
• As is currently the case, communities wishing to place facilities on state land would show state regulators why use of the Forest Preserve is necessary. Public hearings would be held.
• As is currently the case, municipalities would make payments to the state for the water rights and the value of the property used, re-adjustable every 10 years.
• As is currently the case, the state would construct, own and operate the water system. The cost of the improvements would be apportioned to the public and private property owners who benefit.
• The total land bank would be one percent less than the current land bank, since wells take considerably less space than flooding land for reservoirs and the need for reservoirs would diminish. The size of the Forest Preserve has also grown substantially since the Reservoir Amendment was enacted in 1913.
• If the Amendment passed this year, and again next year, it could go on the November 2005 statewide ballot. If approved, the Legislature could pass enabling legislation to allow local projects to move ahead as soon as it returns to session in Albany after that election.

Houseal said the Council was concerned that the integrity of the Constitutional protections for the Forest Preserve would be eroded if the Adirondack Park's 100-plus towns and villages simply started drilling wells on state Forest Preserve.

"The Department of Environmental Conservation and the Adirondack Park Agency have promised to help communities find water on the Forest Preserve. Without a plan to do it legally," said Houseal, "local leaders may only see a flood of litigation."

"The state is already tempting fate in Raquette Lake by proceeding with drilling test wells on the site of the hamlet's now-unwanted reservoir," he said. "The hamlet, located in the Town of Long Lake, is under a State Health Department order to find a new water supply, but it's hemmed in by the Forest Preserve on all sides. If they proceed on the Forest Preserve without permission from the voters, they open themselves up to litigation. The 'Forever Wild' clause is the only section of state law that permits 'citizen suits.' Any New York resident can sue the town, and delay indefinitely, or even stop, the project.

"Since the new regulations went into effect in 1995, more and more towns have been expressing concern over inadequate water supplies and the expense of treating surface waters," Houseal said. "Our proposed amendment can solve the problem for all communities, now and in the future."

Houseal said the Council would promote support for the Constitutional Amendment among its members, the Legislature and the voters.

The Adirondack Council is dedicated to ensuring the ecological integrity and wild character of the Adirondack Park. Founded in 1975, its 14 staff and 18,000 members make it the largest environmental organization focusing full time on the Adirondack Park.