Can New York State or the Delaware River Basin Commission require New York City to release water in addition to releases prescribed in the Flexible Flow Management Program?
No, neither NYS nor DRBC can require NYC to release additional water. Any change that affects the conditions established by the 1954 US Supreme Court Decree must be approved by all the Decree Parties, including NYC. However, as established in the Decree, the USGS River Master can require additional releases to achieve the Montague, New Jersey, flow target. In addition, the FFMP subscribes to an adaptive management framework. Accordingly, release modifications are considered by the Decree Parties as emerging issues arise or as other conditions warrant an immediate response.
