Auburn officials say updated Owasco Lake watershed rules stalled by DOH; legal dispute cited

Officials representing the Owasco Lake watershed told the Senate Committee on Environmental Conservation that recent court activity and a Department of Health decision have halted local efforts to update watershed rules aimed at limiting nutrient pollution.

Chuck Mason, city clerk for Auburn, presenting testimony on behalf of Mayor Michael Quill and the city council, described elevated microcystin detections in finished drinking water drawn from Owasco Lake in late September and February. "In late September and February elevated levels of the microcystin derived from harmful algal blooms were detected in treated finished drinking water drawn from Owasco Lake and supplied to the public," Mason said, noting the detections prompted state assistance but underscored the long‑term nature of the problem.

Adam Heffler, executive director of the Owasco Lake Watershed Management Council, and other witnesses described a multi‑year process to update Owasco Lake watershed rules and regulations. Heffler said the update was completed and submitted for state approval in February 2023 but that the Department of Health informed local officials the proposed rules would not be approved and later terminated the community’s watershed rules project. "The New York State Department of Health is failing to meet its responsibility under current New York State public health law," Heffler said, and urged the Legislature to clarify the path for municipal purveyors to adopt watershed protections.

Why it matters: Owasco Lake supplies drinking water to the City of Auburn and other municipalities. Local officials argued that approval of watershed rules would enable enforceable upstream controls on activities that contribute nutrients to the lake, including agricultural and shoreline practices.

Local officials asked the Legislature to review the Department of Health’s role and to provide clearer authority and timelines so municipalities and watershed councils can adopt and update rules intended to protect public drinking water.

What was said on the record: Mason said local volunteers and agencies spent years preparing the updated regulations and that the city and purveyors continue to seek state support. He provided senators with a copy of a recent court ruling related to the dispute and urged the committee to read it. "We think it's very important," Mason said.

What was not decided: The hearing did not produce any administrative action by DOH or a new statutory change. Witnesses asked the committee to consider legislative steps that would create a clearer pathway for local watershed rules and for DOH to act on municipal proposals in a timely manner.

Clarifying note: Witnesses referred to New York State Public Health Law authority used to establish watershed rules; the hearing record includes a request for legislative oversight and a recommendation that DOH and the Legislature provide a defined approval path for municipal watershed protections.