BILL NUMBER:  S7004

 TITLE OF BILL :

An act to amend the executive law, in relation to designating Glencoma
lake, Lincolndale lake, MacGregor lake, Mahopac lake, Secor lake,
Shenorack lake, Teakettle Spout lake, Wixon lake and Muscoot river as
inland waterways for purposes of waterfront revitalization

 PURPOSE :

Designates Glencoma lake, Lincolndale lake, MacGregor lake, Mahopac
Lake, Secor lake, Shenorock lake, Teakettle Spout lake, Wixon lake and
Muscoot river as inland waterways.

 SUMMARY OF PROVISIONS :

Section one amends paragraph (a) of subdivision 4 of section 911,
regarding the definition of "inland waterways" to include the
following lakes: Glencoma, Lincolndale, McGregor, Mahopac, Secor,
Shenorock, Teakettle Spout and Wixon.

Section two amends paragraph (b) of subdivision 4 of section 911,
regarding the definition of "inland waterways" to include Muscoot
river.

              

Section three establishes the effective date.

 JUSTIFICATION :

The towns of Somers and Carmel face a myriad of water quality
challenges in the New Croton/Muscoot Reservoir Watershed, as several
of their communities must balance the recreational access to the
lakes, which are closely intertwined with the water supply system for
the greater New York City Metropolitan Area.

Lake Mahopac is not impaired, the recreational suitability of the lake
is described most frequently as "could not be nicer." However, it
should be classified as an inland waterway to make use of the local
waterfront revitalization planning (LWRP) process for economic
development purposes. Furthermore, as headwaters for major watershed
sub-basins and drainage basins, classifying it as an inland waterway
fits the programmatic goal of taking a watershed wide approach to
local waterfront revitalization planning to address water quality and
water quantity issues on a regional basis.

Kirk Lake, a vital supply of drinking water, was formed from Lake
Mahopac. While Kirk Lake empties into the Muscoot Drainage Basin, Lake
Mahopac empties into the Plum Brook Drainage Basin, where dams have
been formed at Teakettle Sprout Lake and Glencoma Lake. Along with
Kirk Lake, which is owned by New York City, Lake Secor, Lake MacGregor
and Lake Mahopac form the headwaters of the Muscoot River. This river
feeds the Amawalk Reservoir. Its lower section is a priority impaired
waterway. Protecting its headwaters as inland waterways will help the
town of Carmel submit a realistic local waterfront revitalization plan
that has a chance to compete for funding.

Lake Shenorock is formed from the Muscoot Drainage Basin. Lake
Shenorock is a priority waterbody affected by algal weed growth and
phosphorous. It was recently included on the USCWA § 303(d) List of
Impaired Waters. Recreational uses of the lake are considered to be
impaired due to algal growth and low water transparency. Elevated
nutrient (phosphorus) levels attributed to nonpoint sources are the
primary contributor to these impairments. Adding Lake Shenorock to the
list of inland waterways will help mitigate these environmental
concerns.
Lake Shenorock outflows almost directly into the Amawalk Resevoir,
which is created by damming the lower section of the Muscoot River.
The Reservoir is also fed by Lake Lincolndale, which is formed from
the Plum Brook Drainage Basin fed initially from Lake Mahopac.

Recreational uses in Lake Lincolndale are considered to be impaired
due to algal growth and low water transparency. Elevated nutrient
(phosphorus) levels attributed to nonpoint sources are the primary
contributor to recreational and aesthetic impairments. Urban/storm
runoff and on-site (septic) systems are thought to be sources of these
pollutants. Lake Lincolndale has been on the § 303(d) List of Impaired
Waters for some time for phosphorous, and was at one time for
pathogens. The Plum Brook Watershed Sub-Basin which is fed by this
drainage basin is also a municipally identified flood prone area as it
empties into Angle Fly Brook Subwatershed Area.

Establishing these areas as inland waterways will help the town of
Somers in submitting a realistic LWRP for the northwestern portion of
the town in order to address the water quality and quantity issues in
the Heritage Hills, Lake Shenorock and Lake Lincolndale planned
communities.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None to the state

 EFFECTIVE DATE :
This act shall take effect immediately.