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For nearly a century, the City of Waterbury, Connecticut (population 105,000) has diverted water from the pristine and wild Shepaug River. The Shepaug River is somewhat unique in that it is one of the few rivers remaining in New England that is largely free from the impacts of development and human habitation. Much of the land along its banks are protected by land trusts and local zoning rules that prohibit development. There are no highways near the river but it is accessible from several public roads and is actively used by hikers, fisherpeople, swimmers, non-motorized boats, and for scenic enjoyment. The natural areas along the Shepaug that are especially utilized for recreational purposes and scenic enjoyment are owned and reserved for public use by the Steep Rock Association and the Roxbury Land Trust. Other organizations, such as the Shepaug River Association, Inc., Boy Scout and Girl Scout groups, and people from many parts of Connecticut and other states are among those who enjoy the natural environment of the Shepaug. In 1921, a contract between Waterbury and the Town of Washington stipulates that the City shall not reduce the flow in the Shepaug below 1.5 million gallons per day (mgd) between May 1 and November 1 of each year. Further, the 1921 agreement allows diversions only to the extent that it may be required to supply the actual needs of the customers of said City and to maintain the storage in its potable water supply reservoir. Despite the 1921 agreement, the City has come to rely increasingly on the Shepaug on a daily basis. In 1933, Waterbury built a dam across the west branch of the Shepaug to create a storage reservoir to supply additional water to customers in the towns of Wolcott, Middlebury, and Watertown. Since that time, many residents of the towns along the Shepaug and members of its land trust organizations have claimed that Waterbury's diversion of water from the Shepaug was causing the river to have extremely low flows in the summer, thereby diminishing its natural beauty, damaging habitat for fish and river organisms, and limiting the river's value for fishing and other recreation. In 1997, both sides filed lawsuits to resolve the matter, and the cases were transferred for trial to the Connecticut Superior Court for Complex Litigation. Following a court trial that began in the fall of 1999 in Connecticut's Superior Court Complex, in February 2000, Judge Beverly J. Hodgson issued detailed findings and decisions. The judge's findings included that, "This court has found that the counterclaimants have proved that in the summer months the manner in which the City operates its tunnel diversion and the limitations that its chosen method of operations impose on the flow of water down the Shepaug River constitute an unreasonable impairment of the public trust in this natural resource, substantially impairing the natural flow of the river." Judge Hodgson also found that, "Fortunately, the City has feasible and prudent alternatives available to it that will enable it to continue to maintain an ample water supply without imposing unreasonable impairments on the public trust in the Shepaug River. It has been demonstrated that by alternating the pattern of its storage in the various reservoirs, by imposing long-neglected, non-burdensome conservation measures, and by relatively small changes in its equipment, the City can continue to meet its water needs. These changes can be achieved at reasonable cost." This case was under appeal by the City of Waterbury as of November 2001.

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Edition: Vol. - No. Published: 01/01/2002 Number of Pages: 2File Size: 1 file , 260 KB