Diet for a Small Lake, Second Edition, Appendices & Index of Terms

28 Pages·2012·0English

Appendix A
Citizen’s Statewide Lake Assessment Program (CSLAP)
New York State contains over 7000 lakes, ponds, of the program and sampling instructions. Qual-
and reservoirs, and many of these waters are used ity control checks are periodically conducted with
by the public for recreation. Management practices o n-site visits by the program coordinators or through
must be implemented for individual lakes and ponds additional sampling and laboratory analyses.
if these waters are to be protected from the increasing The program was implemented in 1986 on 25
pressures of cultural eutrophication. Reliable, long- w aterbodies throughout New York State. The number of
term information on water quality, problem areas, participating lake associations increased to 53 in 1988
and use impairment is necessary before manage- and was at 97 in 2008. The weekly sampling efforts
ment practices can be established for ponded waters commence in mid-June and continue for 15 consecutive
and surrounding watersheds. The New York State weeks through the end of October. Water-quality data
Department of Environmental Conservation (DEC) include secchi desk readings for water transparency,
can gather information from less than fve percent and water samples for chemistry. Chemistry param-
of the state’s signifcant lakes on an annual basis, eters analyzed are total phosphorus, nitrate nitrogen,
and only a few special study lakes are monitored on color, pH, specifc conductance, and chlorophyll a.
a regular basis. Water samples are processed by the volunteers and
The Citizens Statewide Lake Assessment Program sent to Upstate Freshwater Institute in Syracuse for
(CSLAP) is a cooperative effort between the DEC and analysis. Equipment and supplies necessary to collect
the New York State Federation of Lake Associations, and process the water samples are provided by the
Inc. (NYSFOLA). It is a scientifc and educational DEC and NYSFOLA. Each volunteer maintains a
program in which citizen volunteers are trained to feld record that is sent with the bi-weekly samples.
collect information on ponded waters. The water All data are stored on a computer fle at DEC.
chemistry samples, watershed data, and historical Some participants gather additional informa-
information are used to build long-term information tion during the sampling season, including aquatic
bases, educate lakefront property owners, lake users, vegetation identifcation, dissolved oxygen profles,
and concerned citizens, and develop management precipitation and lake level gauging, and acidic
strategies specifc to each CSLAP Lake. precipitation analysis.
The program coordinators from DEC and An annual report includes a summary of histori-
NYSFOLA conduct training for volunteers from cal information and information collected during the
NYSFOLA-member lake associations. Participants sampling season. Additional information is available
are tested on concepts and procedures. A sampling from DEC and NYSFOLA (see Appendix F, “Internet
protocol manual contains the purpose and objective resources”).
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Appendix B
New York State Water Quality Classifications
Source: 6 NYCRR Part 701
Class N: Enjoyment of water in its natural condition and where compatible, as source of water for drinking
or culinary purposes, bathing, fshing and fsh propagation, recreation and any other usages except
for the discharge of sewage, industrial wastes or other wastes or any sewage or waste effuent not
having fltration resulting from at least 200 feet of lateral travel through unconsolidated earth. These
waters should contain no deleterious substances, hydrocarbons or substances that would contribute
to eutrophication, nor shall they receive surface runoff containing any such substance.
Class AAspecial: Source of water supply for drinking, culinary or food processing purposes; primary and secondary
contact recreation; and fshing. These waters shall be suitable for fsh propagation and survival,
and shall contain no foating solids, settleable solids, oils, sludge deposits, toxic wastes, deleterious
substances, colored or other wastes or heated liquids attributable to sewage, industrial wastes or
other wastes. There shall be no discharge or disposal of sewage, industrial wastes or other wastes
into these waters. These waters shall contain no phosphorus and nitrogen in amounts that will
result in growths of algae, weeds and slimes that will impair the waters for their best usages.
Class Aspecial: Source of water supply for drinking, culinary or food processing purposes; primary and secondary
contact recreation; and fshing. These waters shall be suitable for fsh propagation and survival.
These international boundary waters, if subjected to approved treatment equal to coagulation,
sedimentation, fltration and disinfection, with additional treatment if necessary to remove naturally
present impurities, will meet New York State Department of Health drinking water standards and
will be considered safe and satisfactory for drinking water purposes
Class AA: Source of water supply for drinking, culinary or food processing purposes; primary and secondary
contact recreation; and fshing. These waters shall be suitable for fsh propagation and survival.
These waters, if subjected to approved disinfection treatment, with additional treatment if necessary
to remove naturally present impurities, will meet New York State Department of Health drinking
water standards and will be considered safe and satisfactory for drinking water purposes
Class A: Source of water supply for drinking, culinary or food processing purposes; primary and secondary
contact recreation; and fshing. These waters shall be suitable for fsh propagation and survival.
These waters, if subjected to approved treatment equal to coagulation, sedimentation, fltration
and disinfection, with additional treatment if necessary to remove naturally present impurities,
will meet New York State Department of Health drinking water standards and will be considered
safe and satisfactory for drinking water purposes
Class B: Suitable for primary and secondary contact recreation and fshing. These waters shall be suitable
for fsh propagation and survival
Class C: Suitable for fshing, and fsh propagation and survival. The water quality shall be suitable for primary
and secondary contact recreation, although other factors may limit the use for these purposes.
Class D: Suitable for fshing. Due to such natural conditions as intermittency of fow, water conditions not
conducive to propagation of game fshery, or stream bed conditions, the waters will not support
fsh propagation. These waters shall be suitable for fsh survival. The water quality shall be suitable
for primary and secondary contact recreation, although other factors may limit the use for these
purposes.
Class (T): Designated for trout survival, defned by the Environmental Conservation Law Article 11 (NYS,
1984b) as brook trout, brown trout, red throat trout, rainbow trout, and splake
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Appendix C
Who Owns New York State lakes?
The beds of most navigable bodies of water in Public Lands Law, Section 75 contains full informa-
the State are State-owned, including the bed of the tion, including the specifc exemptions. It is available
Atlantic Ocean, Long Island Sound, Great Peconic on the website below.
Bay, Gardiners Bay, Hudson River, Mohawk River, Full information, applications for permits and an
St. Lawrence River, Lake Champlain, Lake Erie, up-to-date list of water bodies are available from:
Lake Ontario and the Finger Lakes (see Table C-1). N.Y.S. Offce of General Services
Various activities relating to the use of this land, such Real Estate Development – Land Management.
as construction of commercial docks, moorings, piers Corning Tower, 26th Floor
and breakwaters or occupation of previously flled in Empire State Plaza
lands, require permission from the state. Albany NY 12242–0001
Most residential docks are probably exempt from Phone: [phone]
the requirement to obtain authorization, since they Fax: [phone]
are within the riparian rights of the upland owner.
Diet For A SmAll lAke
Appendix C
TABLE C-1 New York Statesi lt of state-owned bodeis of water August 2006 conntiued
NAME OF WATERBODY COUNTY DEC REGION SPECIAL DETAIL
EASTCHESTER BAY BRONX/NASSAU 2,3 TDIAL NIFLUENCE
FORT POND BAY SUFFOLK 1 TDIAL NIFLUENCE
GARDNIERS BAY SUFFOLK 1 TDIAL NIFLUENCE
GENESEE RVIER MONROE 8 MOUTH OF RVIER
GRAVESEND BAY KNIGS 2 TDIAL NIFLUENCE
GREENWOOD LAKE ORANGE 3 ORGINIAL BED ONLY
HARLEM RVIER NEW YORK 2 TDIAL NIFLUENCE
HONEOYE LAKE ONTAROI 8 MLW
HUDSON RVIER VAROIUS TDIAL NIFLUENCE
RIONDEQUOTI BAY MONROE 8 MLW
KEUKA LAKE STEUBEN 8 MLW
KLIL VAN KULL RCIHMOND 2 TDIAL NIFLUENCE
LAKE CHAMPLANI ESSEX 5 MLW
LAKE EREI EREI/CHAUTAUQUA 9 MLW
LAKE GEORGE WARREN 5 REF. ROGERS ROCK ELEV.
LAKE MAHOPAC PUTNAM 3 RESERVORI BY DEED
LAKE ONTAROI 6,7,8,9 MATILAND CASE
LTITLE NECK BAY SUFFOLK 1 TDIAL NIFLUENCE
LTITLE PECONCI BAY SUFFOLK 1 TDIAL NIFLUENCE
LTITLE SODUS BAY CAYUGA 7 MLW
LONG BEACH BAY NASSAU 2 TDIAL NIFLUENCE
LONG SILAND SOUND NASSAU/SUFFOLK 1,2,3 TDIAL NIFLUENCE
MAMARONECK HARBOR WESTCHESTER 3 TDIAL NIFLUENCE
MOHAWK RVIER VAROIUS OUTSDIE OF CANAL
NEW ROCHELLE CREEK WESTCHESTER 3 TDIAL NIFLUENCE
NEW YORK HARBOR NEW YORK 2 TDIAL NIFLUENCE
NEWTOWN CREEK KNIGS 2 TDIAL NIFLUENCE
NAIGARA RVIER NAIGARA 9 TOP BANK
NSISEQUOGUE RVIER SUFFOLK 1 TDIAL NIFLUENCE
NOYACK BAY SUFFOLK 1 TDIAL NIFLUENCE
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AppenDix C
Appendix C
TABLE C-1 New York State list of state-owned bodies of water August 2006 continued
NAME OF WATERBODY COUNTY DEC REGION SPECIAL DETAIL
ONEIDA LAKE ONEIDA 6 CANAL POOL ELEVATION
ONONDAGA CREEK ONONDAGA 7 OLD BED OF CREEK
ONONDAGA LAKE ONONDAGA 7 CANAL ELEVATION
ORIENT HARBOR SUFFOLK 1 TIDAL INFLUENCE
OSWEGATCHIE RIVER ST. LAWRENCE 6 MLW
OSWEGO RIVER OSWEGO 7 MLW
OTISCO LAKE ONONDAGA 7 MLW
OTSEGO LAKE OTSEGO 4 MLW
OWASCO LAKE CAYUGA 7 MLW
PECONIC BAY SUFFOLK 1 TIDAL INFLUENCE
PECONIC RIVER SUFFOLK 1 TOP BANK
PISECO LAKE HAMILTON 5 MLW
QUEECHY LAKE COLUMBIA 4 MLW
RAQUETTE LAKE HAMILTON 5 MLW-DEC JURISDICTION
REYNOLDS CHANNEL NASSAU/QUEENS 2 TIDAL INFLUENCE
SCHROON LAKE WARREN 5 MLW
SENECA LAKE SENECA 8 MLW
SENECA RIVER SENECA 8 TOP BANK- SEE CANAL LANDS
SHEEPHEAD BAY KINGS 2 TIDAL INFLUENCE
SKANEATELES LAKE ONONDAGA 8 MLW
SMITHTOWN BAY SUFFOLK 1 TIDAL INFLUENCE
SODUS BAY WAYNE 8 MLW
ST. LAWRENCE RIVER 6 TOP BANK-PASNY
STONY BROOK HARBOR SUFFOLK 1 TIDAL INFLUENCE
SUSQUEHANNA RIVER 3,4,7 TOP BANK
TIOGA RIVER VARIOUS TOP BANK
UNADILLA RIVER VARIOUS TOP BANK
WEST CANADA CREEK HERKIMER 6 TOP BANK
WHITE LAKE ONEIDA 6 MLW
WOOD CREEK ONEIDA 6 TOP BANK ORIGINAL BED
THIS LIST IS NOT ALL INCLUSIVE AND IS TO BE USED ONLY AS A GUIDE
NOTES: M.L.W= MEAN LOW WATER
TIDAL INFLUENCE REFERS TO INLETS AND MEAN HIGH WATER
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Appendix D
Incorporating and Insuring a Lake Association
The primary reason for a lake association to Everyone else will be sued for failing to set down
incorporate is to limit liability. The major liability proper corporate policies to prevent the tragedy from
concern of lake associations is being sued for “all happening.
they are worth” because of a traumatic event. The A major beneft of being a corporation is the
lake association’s assets probably are not signifcant, credibility it provides. Unlike the unincorporated
which is why a lawsuit also names “all the offcers, lake association, there is a clearer structure for the
agents, employees and persons acting for or on behalf association and recognized rules. This is especially
of the association.” useful in applying for grants, where a not-for-proft
corporation is a major advantage. Some grants actu-
Contrary to popular belief, a corporation provides
ally require some form of corporate entity.
very little protection from this type of exposure. This
An ordinary not-for-proft corporation is surpris-
common misconception leads to the proliferation of
ingly simple under New York State law. Most legal
corporations by people frightened into thinking the
offces will do the job for about $300. The nuts
corporation will protect them. The only “limited
and bolts for setting up a not-for-proft corporation
liability” a corporation provides is from contractual
include:
claims, such as the corporate lease on the photocopier
or other equipment. 1. Pick a name, such as ‘Flamingo Lake Associa-
Although a corporation may have limited liability, tion, Inc.’. Look for the name at the New York
anyone on the Board of Directors, or who participates State Department of State website to see whether
in the management of the corporation will have some it is already in use (see Appendix F, “Internet
resources”).
exposure. In the past, a one-million dollar general
liability policy could be purchased for a reasonable 2. Locate a legal corporate service or reasonably
sum by even the smallest lake association. Prices priced attorney to create the corporation. There
have risen dramatically, however, and many New will be a form to fll out. Select a type of not-for-
York State lake associations are fnding that they proft corporation:
cannot obtain general liability insurance at any price.
• Type A: May be formed for any lawful non-
This is particularly true for lake associations that own
business purpose including, but not limited
or maintain dams, swimming beaches, buoys or other
to civic, patriotic, political, social, fraternal,
“obstacles” in the lake. Some associations are even
athletic, agricultural, horticultural, animal
fnding it diffcult to obtain affordable Directors and husbandry, or for a professional, commercial,
Offcers insurance that previously served as a “second industrial, trade or service association.
best” alternative to a general liability policy.
If a plaintiff decides to sue the lake association, a • Type B: May be formed for one or more of the
way will be found. The corporate offcers who were following non-business purposes: charitable,
educational, religious, scientifc, literary, cul-
down at the beach will be sued for being negligent.
tural or for the prevention of cruelty to children
The corporate personnel who supervised the alleg-
or animals.
edly negligent personnel will be sued for negligent
supervision. The corporate personnel who hired the • Type C: May be formed for any lawful business
person who failed to supervise the personnel who purpose to achieve a lawful public or quasi-
failed to supervise will be sued for negligent hiring. public objective.
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AppenDix D
• Type D: May be formed when such formation invest within the community, and serve as a
is authorized by any other corporate law of liaison to the municipal agencies responsible
this state for any business or non-business, for regulating development and construction
or pecuniary or non-pecuniary, purpose or within the Flamingo Lake community.
purposes specifed by such other law, whether 10. Fund raising activities to help fund the cor-
such purpose or purposes are also within Types porate purposes.
A, B, C. 11. Doing all other things necessary and
a ppropriate, directly and indirectly, in the
Type A is the easiest and most common type of
determination of the corporation, to facilitate
corporation. A lake association, however, may well
appropriate activities in order to maintain and
be able to incorporate under other types. Use Type B,
preserve Flamingo Lake within the Town of
for example, if charitable donations will be solicited
Somewhere.
or assets will be owned. Be sure the Purposes Clause
includes those statements, and that provision is made The incorporation process usually takes fve to ten
business days. Be sure to ask for the “Black Beauty”
for distribution of asses if dissolution becomes neces-
kit. This is a handsome corporate kit, with offcial
sary. You need to consider if you are going to own any
resolutions, impressive certifcates and the corporate
assets. Upon dissolution, the assets may be required
seal. Most lawyers do not bother to fll them out
to be divested and distributed.
unless paid to do so by the client.
A Purposes Clause is required containing informa-
An SS-4 form is enclosed with the Black Beauty
tion such as:
kit or it can be downloaded from the IRS website (see
The Corporation is established for the purpose
Appendix F, “Internet resources”). The SS-4 form is
of facilitating the proper maintenance and pres-
faxed to the nearest IRS offce, conveniently listed
ervation of Flamingo Lake within the Town of
in the directions on the back of the form. A Federal
Somewhere through:
Employment Identifcation Number will then be is-
1. Studies and planning of issues relating to sued to the corporation that can be used to open bank
Flamingo Lake. accounts and do business for the association. The
2. Civic and community awareness activities. number is also used if employees are hired, which
3. Preparation and submission of applications gets into another whole layer of state and federal
for grants and loans intended to facilitate paperwork!
proper maintenance and preservation of A bank usually has its own signature card/corpo-
Flamingo Lake. rate resolution procedure to open a bank account. You
4. Retaining contractors, employees, and consul- may also be asked for a copy of the corporate bank-
tants to assist and advise the corporation. ing resolution. This is included in the Black Beauty
5. Opening banking and depository accounts corporate kit. You will probably need an attorney, or
and pay expenses incurred. at least an accountant to fll out this paperwork.
6. In-lake management programs, watershed im- The problem of how to enforce the collection
provements, drainage, landscaping, lighting of dues from property owners around a lake is a
and parking facilities, and the construction common one for all types of lake associations.
of appropriate facilities. Some property owners may have “easements” or
7. Advertising and promotional activities. “covenants” in their deeds. For others, there may be
8. Advancing and promote an awareness of implied Prescriptive Access rights based on usage
the importance of maintaining and preserv- – “squatter’s rights” of access to the lake without
ing the scenic and historical beauty of the actually owning property on the lake shore. As a rule
community and the role of Flamingo Lake. of thumb, these easements, covenants and prescrip-
9. Providing advice and guidance and serve as tive rights are generally not enforceable when it
a resource to persons seeking to locate and/or comes to collecting association dues.
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Diet For A SmAll lAke
In 1987, however, New York State’s highest court, If there is still diffculty in collecting dues pay-
however, provided other legal grounds for requiring ments, action can be taken through Small Claims
recalcitrant property owners to pay their fair share Court for amounts up to $3000. It should be kept
of community association dues for maintenance and in mind that a lawyer is required to represent a
corporation in court. The lawyer’s fee may be as
upkeep of community property (Seaview Associa-
much or more than the dues to be collected. Another
tion of Fire Island v. Williams, 69 N.Y. 2d 987, 517
argument formerly used before the 1987 New York
N.Y.S. 2d 709, 1987). Although this case involved
State Court of Appeals decision mentioned above
a homeowners association, it will also apply to lake
was that the property owner is unjustly enriched,
and beach associations. The Court ruled:
having enhanced property values as a result of the
“Where there is knowledge that a private resource being maintained by the Association, even
if the property owner does not actually use the lake.
community homeowners’ association provides
This argument requires proof, such as from a real
facilities and services for the beneft of com-
estate broker, that the objector’s property values are
munity residents, the purchase of property
enhanced through the Association’s maintenance of
there may manifest acceptance of conditions
the community resource.
of ownership, among them payment for the
Donations to most not-for-proft corporations
facilities and services offered. The resulting
cannot be deducted for tax purposes. This should
implied-in-fact contract includes the obligation
be clearly stated in any fund-raising letter or other
to pay a proportionate share of the full cost of
publicity. A Foundation can be established, however,
maintaining those facilities and services, not
for the specifc purpose of raising funds to help man-
merely the reasonable value of those actually
age a lake. This was done with great success at Keuka
used by any particular resident.”
Lake; donations are tax deductible and raising funds
is much easier.
A lake association should take the following steps
There are a number of legal and accounting issues
to maximize the chances of recovering dues payments
that must be resolved when setting up a Foundation
from property owners:
to solicit charitable donations. Clearance must be
1. Post signs announcing the association’s existence obtained from the New York State Attorney General’s
Charities Bureau (see Appendix F, “Internet resourc-
and the fact that it maintains community facilities,
es”). Detailed records must be kept of the source of
such as the lake itself, or whatever role it has in
donations and the expenditures and distribution of the
maintaining the lake – “Flamingo Lake (Hom-
funds collected. There are very detailed regulations
eowners) Associations, a Privately-maintained
issued by the Federal IRS to prevent people setting
Community…”
up a foundation, donating money to it, taking a tax
2. Insure that the local realty brokers are aware of deduction, and then distributing the money back to
the group’s requirements. Give them a stack of their own private uses.
brochures highlighting all the things the Associa- For most not-for-proft corporations, the New York
tion provides. They will be happy to use it with State Attorney General form is only two pages long
with a $25 fee. It allows fund-raising up to $5000
prospective homebuyers.
a year if your corporation is otherwise entitled to
3. Insure that the Association’s budget is reason-
solicit charitable donations. If you raise more than
able. A court will need to see it to ascertain that $5000, approval is needed under Federal IRS Section
the cost of excessive activities or actions are not 501(c)(3), which is available from the IRS website
included. (see Appendix F, “Internet resources”).
(Adapted from “Special Districts and Foundations”
4. Adhere to accepted procedure of by-laws.
in Wright, David O. Esq. Lake Law: A Short Overview of
the Legal Rights and Obligations of Lake Associations.
5. Have regular, publicized meetings.
Conference: New York State Federation of Lake Associa-
6. Hold incontestable elections at least annually. tions, Hamilton NY, May 1, 2004. pp. 1–4, 6–9.)
292
Appendix E
Interstate River Basin Commissions
New York State is a member of fve Interstate River Example of the extensive non-regulatory
Basin Commissions or Compacts. Lake associations programs and activities of Commissions that
located in these river basins may wish to consult may be of interest to lake associations include:
the databases and activities of the Commission that
• Compile basin-wide water-resource databases.
includes their lake, especially in those cases in which
the lake drains into a tributary of a river system. • Develop comprehensive river-basin plans.
These commissions are created by compacts • Promote cooperation and coordination for
among the member states, and also require approval water-resources protection.
of the U.S. Congress. They rely primarily on the
• Research water-resources issues of regional
regulatory programs of the member states to achieve
interest.
coordinated interstate resolution of water-resource
problems that have multi-state effects. The three of • Advocate for achieving data management and
the Commissions that include New York State also environmental quality goals.
have been delegated regulatory authority as noted be-
• Develop education and training programs.
low. This authority is for resolving specifc pollution
or water-fow problems with multi-state infuences • Set interstate water-pollution control
when a member state is out of compliance with agreed standards.
upon standards. These Commissions also engage in • Support water-resource monitoring programs,
extensive non-regulatory programs and activities that including volunteer programs.
are more likely to be relevant to inland lake associa-
• Coordinate emergency responses to spills
tions (see Appendix F, “Internet resources”).
with interstate signifcance.
The three Interstate River Basin Commissions
that include New York State, each with regulatory • Conduct surveys and studies.
authority, are:
• Mitigate food damages and facilitate
• Delaware River Basin Commission food-warning programs.
www.drbc.net;
• Protect and ensure adequate water-supply and
• Susquehanna River Basin Commission stream fow.
www.srbc.net; and
• Develop programs to preserve, protect and
• Ohio River Valley Sanitation Com- enhance aquatic ecosystems.
mission (for Allegheny River in New
These are the common types of programs and
York State) www.orsanco.org.
activities of Interstate River Basin Commissions.
The other commissions or compacts are: Check a specifc Commission’s website to identify
programs or other activities not listed above. Some
• Great Lakes Commission www.wglc.org; and
Commissions, for example, may have targeted
• New England Interstate Water Pollution funding programs to address water quality, invasive
Control Commission www.neiwpcc.org. species, or other issues for which a lake association
may be eligible.
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Diet For A SmAll lAke
prohibit new or increased diversions of water from
Great Lakes Basin protection
the Great Lakes Basin. Updates are available at
Eight Great Lakes states have agreed on a Great www.cglg.org.
Lakes-St. Lawrence River Basin Water Resources The 2001 Great Lakes Charter Annex includes
Compact. It was enacted in 2008 and congressional directives to:
approval and the president’s signature were obtained
• Develop a new set of binding agreements;
in September 2008. The Canadian provinces of
Ontario and Quebec are nonbinding members. The • Develop a broad-based public participation
Compact is designed to implement the purposes of program;
the Great Lakes Charter (1985) and the Great Lakes
• Establish a new decision-making standard;
Charter Annex (2001). The purpose is to “develop an
enhanced water-management system that is simple, • Project review under the U.S. Water Resources
durable, and effcient, retains and respects authority Development Act of 1986; and
within the Basin, and most importantly, protects,
• Develop a decision support system that ensures
conserves, restores, and improves the Waters and
the best available information.
Water-Dependent natural Resources of the Great

Lakes Basin.” A driving force for this Compact is to
294