Impact Assesment of Competing Demands for Water in Connecticut
Cummings & Lockwood
Hartford, CT
The Shepaug River is the only stream of its size in Connecticut without a major roadway running along the river valley, and by
Connecticut standards, is therefore close to being an unspoiled wilderness. However, for years the stream’s ecology and public
use was limited due to the City of Waterbury’s diversion of large quantities of water from its dam at the headwaters.
Since the early 1990’s, a consortium of towns and conservation interests affected by the diversion organized as the Shepaug River Association to negotiate a mutually satisfactory instream flow release. Faced with Waterbury’s refusal to negotiate, the Connecticut legislature set up a task force to study the river’s problems. The task force’s conclusion was that the City’s operation was needlessly withholding water from the river, and that the City should negotiate a settlement. Negotiations were unsuccessful, so in 1997 the Association took Waterbury to court with unanimous endorsement by the citizens of each town.
Kleinschmidt was retained by the Association to serve as a technical advisor to Cummings and Lockwood, the legal counsel representing the Association. Kleinschmidt reviewed past and ongoing scientific studies pertaining to recreational, ecological and operational aspects of river flow and water diversion, and suggested technical strategies. In addition, Kleinschmidt scientists assessed how alternative flow releases might alleviate these impacts by performing an instream flow field study. The study documented the impact to coldwater fish habitat resulting from the prevailing dam operation along a twelve-mile segment of the river basin, and was submitted into evidence for litigation. A Kleinschmidt senior biologist prepared court documents, and participated in depositions and court proceedings as an expert witness. Kleinschmidt also provided supporting hydrologic and hydraulic engineering services to Cummings and Lockwood and coordinated closely with other witnesses on the litigation team prior to, and during trial proceedings.
The Connecticut Superior Court ruling found in favor of the Association, and the decision required Waterbury to release an appropriate minimum flow to the Shepaug River. According to the Connecticut Fund for the Environment, the "ruling for the Shepaug River is the single most important court decision protecting the flow of Connecticut’s rivers in a generation".
Major Issues:
- Stream Ecology
- Public Water Use
- Instream Flow Releases
- Minimum Flows
- Water Diversion
- Recreational Use
- Alternative Flow Releases
- Fisheries Habitat Impacts
- Hydrologic/Hydraulic Engineering