Northeast Roundup Fall 2018
Victory on the Green River (VT), Challenges Remain Across the Region
American Whitewater has been hard at work throughout the northeast region, where numerous threats and challenges to our whitewater rivers continue to keep us busy.
In September we won our legal appeal in the Vermont Superior Court, Environmental Division, where we challenged a decision by the Agency of Natural Resources (ANR) that would have prohibited all future scheduled whitewater releases on the Green River and would have reduced the number of times that boatable flows occur naturally. This was a major victory but the ANR is appealing at least part of this decision and we expect to find ourselves back in court to defend Green River flows in 2019.
Earlier this year we protected access to New Hampshire rivers and successfully stopped attempts to require annual boat registration fees. Currently we’re actively working to secure whitewater releases in Massachusetts and New York to protect cherished river reaches including the Deerfield and Mongaup rivers. In the upcoming months, we’ll be ramping up our work to focus on the hydropower licensing of the Moose, Beaver and Black rivers in New York.
The Green River Legal Appeal
The Green River in Vermont drops ~400 ft over 2.75 miles while traversing an uninhabited, deeply wooded area with several exceptional gorges, falls and drops that provide a unforgettable Class IV/V paddling experience. Natural flows and unscheduled hydropower releases have allowed paddlers to enjoy this stretch semi-regularly throughout the past decade. In 2011, we worked with the power company to perform a controlled flow study and assess the optimal level for paddling the river. Ever since, we’ve been advocating for scheduled whitewater releases that would serve the paddling community and restore critical biological flows to the river.
The impetus for the flow study was to establish flows that could be provided as part of re-licensing the hydropower project on the Green. Despite support from the Federal Energy Regulatory Commission (FERC) and the power company for whitewater boating releases, the Vermont Agency of Natural Resources (ANR) prohibited releases, refusing to recognize that whitewater boating is a valid existing use on the river that should be preserved.
The court case was the result of an appeal filed by American Whitewater and the Vermont Paddlers Club, arguing that the history of whitewater boating on the Green qualifies it is an existing use that must be protected during relicensing. After a 2-week trial in Burlington last spring, the Court ruled in September that the state ANR restrictions failed to protect whitewater boating and ordered that, “scheduled releases must occur at a time during which boaters can take advantage of the flows, such as weekend daylight hours.” This ground breaking decision validates the quality of American Whitewater’s scientific approach and legal analysis that were core to our advocacy. The Court’s decision sets a beautiful precedent that under the Clean Water Act, whitewater boating is a legitimate existing use that must be protected.
We want to recognize the skillful legal representation provided by Ryan Kane and Dan Richardson at the Montpelier law firm Tarrant, Gillies, and Richardson, whose generous support for our case was indispensable.
Beaver River Rendezvous
“Don’t call this a festival,” New York whitewater legend Chris Koll said of the original Beaver River Rendezvous in 1998. The three-day event has stayed true to that mantra, despite the popular BeaverFest dubbing, the event lacks any sort of commercial qualities. Just great whitewater. From the Class III-IV Taylorville to a Class V+ spillway on the Moshier section, releases on the three stretches of the Beaver and the Raquette provide a great variety of whitewater for intermediate to expert paddlers during the generally-dry late summer days. Yes, there is a race now, but it’s grassroots and just provides another exciting way to enjoy the Beaver. BeaverFest 2018 went off as usual!
Before 1997, these rapids were dewatered by several dams and diversions on the river. Beginning in the late eighties, former American Whitewater Board member Pete Skinner spearheaded a decade-long effort to secure scheduled releases on these rivers, work that culminated in a 1997 agreement with the dam owner to provide 11 days of releases on three different reaches.
Since then American Whitewater has worked to improve access, secure camping for the Rendezvous, and make sure releases are provided every year. The Beaver, along with the Black and Moose rivers, will be part of a basin-wide FERC re-licensing beginning soon. Protecting and expanding our whitewater boating opportunities on these treasured rivers will be a top priority for American Whitewater in 2019.
Moosefest Recap
“Northeastern paddlers are some of the most fun people I’ve paddled with and they are insanely dedicated to kayaking. The high water, rain, snow and 32–42 degree weather didn’t stop anyone from having a great time! While I kept day-dreaming about being in Ecuador soon where it’s WARM, they just kept asking if I wanted to do another lap. I love the energy of the people, the fall leaves, and the super fun drops on the Moose River. It was a perfect way to end my North American paddling season.” — Darcy Gaechter
Along with Darcy, the Moose River Festival drew hundreds of paddlers to New York again this year. But, did you know that American Whitewater’s battle to save the Moose River’s incredible rapids in the early 80’s was a precedent setting intervention that not only secured the scheduled releases we now enjoy on the Moose, it also established the way forward for securing the whitewater releases we’ve negotiated on hundreds of rivers below hydropower projects since?
The exciting rapids of the Bottom Moose were first discovered in the late 70’s, and shortly thereafter threatened by a dam and diversion project.
Paddlers representing AW joined forces with environmental groups and worked for several years to reach an agreement that culminated in 1984, with 20 days of scheduled releases, and various other aesthetic and environmental enhancements to their planned project.
Once the agreement was signed, AW filed what may have been our first formal intervention with the Federal Energy Regulatory Commission (FERC). The negotiation protected a recreational treasure that would have otherwise been lost, and a festival and race have been held on the Moose to celebrate this success ever since. The Moose River is a part of the basin wide hydropower re-licensing in the Black River Watershed and American Whitewater will be there to represent paddler’s interests in protecting and enhancing flows for recreation, along with fish and wildlife.
Waging court battles, securing whitewater releases, and protecting river access requires support, and we rely on the support of our members and donors to continue this work. Our highly experienced and dedicated staff have cultivated a strong and effective program in the Northeast, but we can’t do it alone. If you have the means please consider supporting our northeast river advocacy efforts, and continue to get out and enjoy our rivers up north so that managers and agencies know we value these resources.
