Attorney General, DEP Announce Tentative Settlement In
Longstanding Shepaug River Reservoir Dispute  

March 8, 2005

Attorney General Richard Blumenthal and Department of Environmental Protection (DEP) Commissioner Gina McCarthy today announced a tentative settlement ending a decade-long dispute over reservoir releases into the Shepaug River.

The tentative agreement commits the city of Waterbury to release significant volumes of water during the summer into the Shepaug River from the city's extensive reservoir system in the town of Washington. The releases seek to restore as much of the Shepaug's natural flow as possible, thereby improving river health, aesthetics and recreational opportunities.

The legislative bodies of Waterbury, Washington and Roxbury still must approve the agreement. The settlement is also contingent on a commitment by June 30, 2006 of funding for reservoir improvements and approval by June 30, 2008 of all necessary state and local permits.

"Breaking this longstanding logjam is a win-win for everyone – Waterbury citizens, environmental advocates, the river and its wildlife," Blumenthal said. "This settlement serves Waterbury's need for water and the river's vital resources. I'm delighted that my office helped to bridge the differences and reach common ground in difficult, lengthy negotiations. With a river restored, and Waterbury amply served, all sides can claim victory."

"We are pleased that this settlement strikes a healthy balance between natural resource protection and the use of our water resources," McCarthy said. "This settlement and the manner in which it balances competing uses of the state's water resources provide an outcome that assures that the residents of the this area will have a reliable source of drinking water, live in a healthy environment, and experience the natural beauty of this waterway. While this settlement concerns a single river, the framework is relevant to water allocation issues statewide."

In 1921, Waterbury and Washington agreed on the amounts of water to be diverted from the Shepaug River and the conditions governing the diversions. Waterbury subsequently built six dams in Washington and a system piping water to the city.

In 1995, the Shepaug River Association, Inc., the Steep Rock Association and the Roxbury Land Trust began pressing Waterbury to release more water into the river. The river's level fell especially low in summer.

Waterbury and the towns of Washington and Roxbury went to court in 1997 over the issue. Blumenthal and DEP have sought since 1999 to mediate a resolution.

Under the tentative agreement, Waterbury will release 12 million gallons of water a day (MGD) into the river from June 1 until September 30, a figure that drops to 6 MGD if reservoir levels drop below a specified level.

From November to April, 1.5 MGD would be released and, in October and May, 6 MGD. Releases would cease during water emergencies.