A Concurrent Resolution urging the parties to the 1954 United States Supreme Court Decree to address the ongoing risk of Delaware River Basin flooding.

Whereas, The Delaware River is the longest, undammed river in the United States east of the Mississippi, flowing through New York, Pennsylvania, New Jersey, and Delaware; and

Whereas, Nearly two million New Jersey residents live in the Delaware River Basin, and rely on the river for drinking, agricultural, industrial, and recreational uses; and

Whereas, The Delaware River has historically flooded, endangering human life and property, damaging public infrastructure, and disrupting business in the State; and

Whereas, Between September 2004 and June 2006, three of the worst floods on record ravaged New Jersey, causing widespread property damage, and disrupting the lives of tens of thousands of State residents; and

Whereas, Substantial flooding has repeatedly occurred in several areas of the State located downstream from the New York City reservoirs, which were at or near capacity when the flooding occurred; and

Whereas, When its reservoirs are filled to capacity, New York is unable to provide flood controls downstream during significant rainfalls, presenting a dangerous and unnecessary threat to the lives and properties of New Jersey residents; and

Whereas, Several reports have indicated that the management of New York City reservoir levels is a significant factor in flooding that impacts people living downstream; and

Whereas, In 2007, Bucks County, Pennsylvania empanelled the Delaware River Flood Task Force to study the flood events of 2004, 2005, and 2006, and make recommendations to reduce the impact of flooding in county communities; and

Whereas, The task force concluded that establishing year-round voids in the New York City reservoirs would have a beneficial effect on flood levels downstream, and would reduce the number of properties flooded; and

Whereas, In 2007, the Delaware River Basin Interstate Flood Mitigation Task Force called for the development of a flood analysis computer model to test the impact that 20 percent year-round voids in the New York City reservoirs would have on flooding downstream; and

Whereas, The model indicated that approximately 214 structures flooded in 2006 in Trenton, Ewing, Hopewell, Lambertville, Stockton, Phillipsburg, Harmony, and Belvidere would not have been flooded with the 20 percent voids; and

Whereas, Requiring New York City to maintain adequate, year-round voids in its reservoirs serves the public interest by minimizing the loss of life and property caused by floods; and

Whereas, Management of the flows and levels of New York City reservoirs is subject to a 1954 United States Supreme Court decree, established in New Jersey v. New York, 347 U.S. 995 (1954), to which New Jersey, New York, New York City, Pennsylvania, and Delaware are parties; and

Whereas, Under that decree, and subsequent agreements between the parties, New York City is allowed to fill its reservoirs to 105 percent capacity during the period of May 1 to June 15, a period when flooding has occurred historically; and

Whereas, Each party to the 1954 Decree has standing to call upon the United States Supreme Court to amend the decree, and demand that New York City maintain year-round voids in its reservoirs in order to mitigate the devastating effects of floods on people living downstream; and

Whereas, Numerous counties in New Jersey have passed resolutions urging the parties to the decree to demand that New York City maintain year-round 10 percent voids in its reservoirs; now, therefore,

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The Legislature urges the Governors of New Jersey, New York, Pennsylvania, and Delaware to address the ongoing risk of Delaware River Basin flooding by petitioning the United States Supreme Court to amend the 1954 Decree to require New York City to maintain adequate year-round voids in its reservoirs.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate or the Clerk of the General Assembly to the Governors of New Jersey, New York, Pennsylvania, and Delaware.

STATEMENT

This resolution urges the parties to the 1954 United States Supreme Court Decree to address the ongoing risk of Delaware River Basin flooding.

The Delaware River is the longest, undammed river in the United States east of the Mississippi. Nearly two million New Jersey residents live in the Delaware River Basin, and rely on the river for drinking water. The river has historically flooded, endangering human life and property. Much of the flooding has occurred in areas of the State located downstream from the New York City reservoirs, which were at or near capacity when the flooding occurred. When New York's reservoirs are completely filled, the state can no longer provide flood controls downstream, presenting a dangerous and unnecessary threat to the lives and properties of New Jersey residents. Reports issued by the Delaware River Flood Task Force and the Delaware River Basin Interstate Flood Mitigation Task Force support this view.

Requiring New York City to maintain adequate, year-round voids in its reservoirs serves the public interest by minimizing the loss of life and property caused by floods. Management of the flows and levels of New York City reservoirs is subject to a 1954 Supreme Court decree, to which New Jersey, New York, New York City, Pennsylvania, and Delaware are parties. Under that decree, and subsequent agreements between the parties, New York may fill its reservoirs to 105 percent capacity during the period of May 1 to June 15 of each year, a period when flooding has historically occurred. This resolution would urge the parties to call upon the Supreme Court to amend the decree, and demand that New York City maintain year-round voids in its reservoirs in order to mitigate the devastating effects of floods on people living downstream.