Jimmy Giannettino, an Auburn city councilor and candidate for mayor, could not hide his disappointment after the state responded to proposed revisions to the Owasco Lake watershed's rules and regulations.Â
"New York state has failed us," he told Ë®¹ûÅÉAV.Â
The long-awaited response from the state Department of Health comes three years after local stakeholders, including the city of Auburn and town of Owasco, developed and submitted proposed changes to the watershed rules and regulations. The rules haven't been updated since 1984.Â
Ë®¹ûÅÉAV reviewed the two proposals and found significant differences between the state and local plans, particularly in the area of nutrient management — a point of contention among farms that operate within the watershed.Â
The local proposal would update the watershed rules and regulations to include prohibitions on applying manure and commercial fertilizers for farms with 7 or more acres of land. The local plan would also prohibit livestock access to watercourses, such as brooks and streams, except for designated areas.Â
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Other proposed rule changes would include preventing feed storage areas from being within 250 feet of Owasco Lake's high water mark.Â
But the state's response, which was obtained by Ë®¹ûÅÉAV, omits those proposed policy changes. Under the nutrient management heading, the state Department of Health encourages non-concentrated animal feeding operation farms to participate in the state's Agricultural Environmental Management program, which is voluntary.Â
The state's proposal does not include any new regulations on agricultural operations within the watershed, despite a state-funded study that found the main source of phosphorus in Owasco Lake is farmland.Â
The local plan also included a rule that states "no person or corporation shall allow any pollutant of any kind to be discharged, deposited or otherwise transported into Owasco Lake, a watercourse, or stormwater conveyance such as a roadside ditch." The state omitted that provision.Â
"Unfortunately, their response ignored our urgent concerns about the contamination of the watershed," Giannettino said. "Their proposal serves as little more than window dressing and it will prevent us from effectively protecting Owasco Lake."Â
Erin Clary, a spokesperson for the state Department of Health, said in a statement to Ë®¹ûÅÉAV that the agency is "finalizing updates to the watershed rules and regulations" — a process that will include a public comment period.Â
Over the last five years, the state has provided more than $9 million for water quality projects in the watershed, according to Clary. With the approval of the Owasco Lake Watershed Nine Element Plan in 2022, she noted that more state funding will be available to help "implement best management practices to reduce excess nutrients from reaching the lake."Â
One possible explanation for why many of the updates proposed by local stakeholders were not included in the state's revisions, is that they "have key elements that are not supported by state legislative authority," Clary said. She explained, though, that there are existing laws, programs and regulations to protect drinking water in the watershed.Â
"Bolstering these programs to realize the clean water quality objectives in the Finger Lakes region, including Owasco Lake, will continue to be a high priority," Clary said.Â
The process to update the watershed rules and regulations began six years ago after the emergence of harmful algal blooms in Owasco Lake. The raised concerns about drinking water quality. The lake is the drinking water source for nearly 50,000 residents, including those living in Auburn.Â
The state supported an immediate fix — a for drinking water treatment systems. Then-Gov. Andrew Cuomo visited Owasco to announce the funding.Â
But local officials say that was viewed as a short-term solution. The long-term plan included updates to the Owasco Lake watershed rules and regulations.Â
A working group formed to develop the proposed rule changes and included representatives from several local agencies, including the Cayuga County Health Department, the city's Department of Municipal Utilities and the Cayuga County Soil and Water Conservation District.Â
The city of Auburn and town of Owasco held a joint meeting in October 2020 to approve the updated rules and regulations, which were submitted to the state Department of Health for review. But the agency did not issue a formal response until last year.Â
While local leaders have acknowledged the COVID-19 pandemic likely was a factor that caused the delay, they were frustrated it took so long for the state to respond.Â
There were two developments in 2022 that add to concerns about Owasco Lake. Harmful algal bloom toxin levels were so high last year that the Cayuga County Health Department encouraged residents to store drinking water in case of an emergency. Additionally, elevated levels of disinfection byproducts were found at one sampling location in Auburn. At the time, city officials described it as a "red flag" and urged the state to approve new watershed rules and regulations.Â
The Auburn City Council and Owasco Town Board will hold separate meetings Thursday and discuss next steps. Owasco Supervisor Ed Wagner said those options include legal action or making a direct plea to Gov. Kathy Hochul.Â
City and town officials have already met twice, Wagner told Ë®¹ûÅÉAV, to discuss how to respond to the state's proposal.Â
"Like the city, we're not happy with the results," Wagner said. "After a six-year process, we get less control than we had before and we think what we had before was inadequate."Â
Politics reporter Robert Harding can be reached at (315) 282-2220 or robert.harding@lee.net. Follow him on Twitter @robertharding.