Water rules get good reviews

GREIG — The Greig Town Council on Wednesday heard numerous comments — most of them favorable — on a proposed law restricting commercial water projects but withheld action pending county review.

After listening to comments for about 45 minutes, councilmen adjourned the public hearing on the proposed zoning amendment to 5:45 p.m. Oct. 20. The board also plans to conduct a budget work session that evening.

A Lewis County Planning Board review of the proposed law — slated for this evening — must occur before the Town Council may vote on it, said Mark G. Gebo, town attorney.

"We missed it by one day," town Supervisor Marilyn E. Patterson said.

Greig's proposed zoning amendment would declare all surface and ground water in the town to be in the "public trust" and require a special permit for any new commercial water extraction. Such projects would be heavily restricted and monitored, with a maximum withdrawal of only 5,000 gallons of water per day.

The impetus to develop such regulations has come from the Hidden Falls Spring Water project.

For the better part of the decade, John T. and Lynn L. Smoke, Bangor, Pa., have been working to develop a facility for collection, bulk storage and shipment of spring water on their property off Sweeney Road.

The Smokes' plans ultimately were rejected by the Town Council and Planning Board, but the couple now has proposed building a bulk-water distribution center off Burdicks Crossing Road in the town of Turin and constructing a water line under the Black River connecting to their property.

The projected maximum flow would be 288,000 gallons per day. An environmental review led by the state Department of Environmental Conservation is ongoing.

Town resident Robert W. Hindman asked councilmen to support the proposed law, not to stymie the Smoke project but to ensure that future projects don't deplete the town's water resources and residential wells.

"What's our recourse? There is none," Mr. Hindman said. "We don't know what will happen if this water is taken."

"It's all our water," said town resident Evelyn Bauer.

Four other residents also spoke in favor of the proposal, and town Clerk Karin Fayle read 14 supporting letters or e-mails.

"We recognize your leadership," said Daniel Plumley, director of conservation programs at Protect the Adirondacks, a nonprofit organization based in Niskayuna.

Mr. Plumley said his organization has been lobbying at the state level for more stringent regulation of commercial water operations.

"This is a fight for the values of your community, your water supply and the future of the community," he said.

However, not all of the approximately 30 people at Wednesday's meeting supported the proposal.

Town resident Steven J. Olmstead called the proposed law "extremely prohibitive" and said he is concerned about the effort to impede development. Another man also suggested that the town should be more supportive of business, given that most people complain about their taxes.

Attorney Raymond A. Meier, who represents the Smokes, also spoke at the public hearing and submitted a three-page letter to the board.

"There is no way to say this other than directly — rest assured that the enactment of this zoning amendment will result in an action being filed against the town, the supervisor in her official capacity and as an individual and each of you for violating Mr. Smoke's civil rights, including a cause of action for taking his property without due process of law," Mr. Meier wrote.

During his statement to the board, he said residents should be concerned about the town eventually restricting other property rights — like use of trees and vegetation — and called on councilmen to reject the proposal.

"You took an oath to obey the Constitution," Mr. Meier said. "Uphold your oath. Vote this down."