When
David Ziemba answers the phone at his Wanakena General Store, he simply says
"Wanakena," as though he's picking up the phone on behalf of the entire
community.
In
a way he is.
Behind
the counter of his shop, the soft-spoken Buffalo transplant sits at both the
geographical and emotional center of this quiet Adirondack community, a cluster
of houses so small it was recently downgraded the from a hamlet to a "low
intensity use area." And as president of the board of the Wanakena Water
Company, he's at the center of the community in another way.
For
a few months this past spring, "center" felt more like ground zero in an
unlikely battle. After weathering a challenge from the Adirondack Council, one
of the park's most prominent environmental advocacy groups, the water company
received the go-ahead it needed to upgrade its water system in July. Wanakena's
experience, and that of other towns, could be the first taste of a bigger war
over the region's water.
Water
wars used to be the province of the American West, where farmers and ranchers
fought over the right to water with their fists, and occasionally, their
rifles. These days, the fights are tamer affairs, waged in courts and
legislative chambers. They've also dragged in unlikely combatants, including
warring factions within the state's environmental lobby.
With
at least 11 Adirondack towns and villages reportedly violating state Department
of Health water standards, and pressures on safe water mounting, it's a
high-stakes battle unlikely to go away any time soon.
"PRIVATE
COMPANY THREATENS ADIRONDACK WILDERNESS AREA" screamed the headline of an
April 13 press release issued by the Adirondack Council. The council is an
environmental advocacy group dedicated to preserving "the ecological integrity
and wild character" of the park. The group called for a halt to planned
improvements to the Wanakena Water Company's infrastructure, saying they
violate the state constitution's "forever wild" clause.
At
issue were two springs on the edge of forest preserve land that supply water to
78 households in Wanakena. They lie at the end of a mile-long corridor
designated "primitive" that snakes its way south into the state's largest
wilderness area. Primitive classification was granted when the land became
wilderness in 1972, to allow the private, non-profit Wanakena Water Company to
maintain its water system.
In
1992, the state Department of Health required the company to change its system
to remain compliant with health law. Ziemba estimates that the company (which
employs no staff) had between $4,000 and $5,000 in the bank at the time. Rather
than build a $250,000 filtration plant, the Wanakena Water Company opted to
install and cap concrete cisterns to collect the spring water. The company
installed those cisterns about 100 feet further from the town and into the
forest preserve --- though still using water from the same spring. That act
ignited a firestorm of controversy that erupted this spring.
Opposing
the water company's plans, the Adirondack Council noted in a press release that
"The State Land Master Plan dictates the Wilderness Areas should be roadless
and free of man-made structures."
"They
do have the right to the wells that are in there," says council Communications
Director John Sheehan. But he contends that "it [the master plan] specifically
states that they have to seek other sources" before going onto the forest
preserve.
Ziemba
questions the authority of the state's master plan in Wanakena's situation,
citing the company's deed to the water. "The deed says that Wanakena can always
use this water," he said. He points to a section in a 1919 copy: "Also
excepting and reserving the water rights from springs now used with the right
of ingress and egress for the purpose of repairing lines and other purposes
incident to the enjoyment of the said water rights."
In
other words, the water company can take necessary steps to use the water. The
State Land Master Plan notwithstanding, Ziemba says, Wanakena has the right to
make necessary improvements to keep using the water. "The master plan should have
been written acknowledging that deed," he says.
In
1999, the DOH called for more changes to the system and Wanakena worked out
funding and variances to comply. "Slowly but surely, everybody signed off,"
recounts Ziemba.
Then
the Adirondack Council got wind of the project. The council's outspoken
opposition to it forced a reclassification hearing for the primitive corridor
at the July Adirondack Park Agency meeting. The agency's board ultimately
recommended in Wanakena's favor, and Gov. George Pataki signed off on the
project.
Predictably,
the council has taken some heat for its position. The homegrown environmental
group, Residents' Committee to Protect the Adirondacks, submitted a three-page
letter to the Adirondack Park Agency in support of the water company. Others,
like St. Lawrence County Legislator Lloyd Moore (R-Clare) had harsh words for
the council: "They're out of control, that's what they are; the Adirondack
Council is out of control."
At
least some Wanakena residents agree. Asked what the community feels about the
controversy, retiree Robert "Red" Northrup replies, "Most of us figure we're
getting a schooling." Chris Westbrook, who heads the state ranger school in
Wanakena, wonders whether the Adirondack Council has lost sight of its mission.
"They're wasting a lot of money and manpower on this project, when there's
other things they should be looking at," he says.
"To
have people outside the park dictating to you how you should live in the park,
it hurts," said Ziemba. "It's like you don't know how to live here or
something."
But
such criticism is all but lost on the Adirondack Council, which insists on the
integrity of the state constitution; only a constitutional amendment can allow
for changes to the legal uses of the forest preserve, it says. That stance may
help explain the council's seemingly contradictory role in the battle over
Adirondack water.
Twenty miles
southeast
of Wanakena, through one of the largest roadless tracts east of the Mississippi
River, lies another community with water woes --- the hamlet of Raquette Lake.
Gregg
Wallace is Town Supervisor of Long Lake (the township that includes the
hamlet). A bumper sticker on his hatchback reads: "It's not a damn park. It's
the Adirondacks. It's our home. It's where we work." He shares Ziemba's
resentment of what he sees as outsiders telling him what to do. But unlike
Ziemba, he counts the Adirondack Council among his few allies in the
environmental community.
"The
Adirondack Council and I are on different sides of the fence on occasion," he
says. "But, on this water issue, they've at least stepped up to the plate."
Just
two weeks after attacking Wanakena's plans, holding up Raquette Lake as an
example, the council called for an amendment to the state constitution allowing
drilled wells for municipal use on up to two percent (55,166 acres) of "forever
wild" forest preserve land. The rest of the state's environmental community
took no immediate stand on the proposal, but eventually opposed it.
Raquette
Lake's water supply comes from a reservoir on forest preserve land (under a
1913 amendment) about a mile into the woods. Wallace describes the water as
"about the color of a good amber beer."
The
problems with Raquette Lake's water supply come from the chlorine added to
disinfect it. Chlorine reacts with tannic acid and organic matter in the water
to form what Sheehan calls a "toxic soup." Some possible end products: ammonia,
methane, and dioxins, to name a few. Wallace can't remember the name of the
chemicals that are present, but knows tests revealed carcinogens. "Once we
heard that word we thought [the exact name of the compound] was immaterial," he
says.
Raquette
Lake has been under a boil order for more than a year. Some water for drinking
and cooking, if it's not purchased privately, comes from a tanker the DOH sends
in. For residents in a region containing some of the world's greatest reserves
of freshwater, this seems unthinkable.
This
incredulity is matched only by disbelief over the actions of some environmental
groups (but not the Adirondack Council) who they see as bent on stopping them
from improving their situation. "The environmental groups seem to be running
the show," Wallace says.
A
hint of exasperation creeps into Wallace's voice when he speaks about his
town's water system. "This is not an environmental issue; it's a health and
safety issue," he says. "Water's water. It doesn't matter where it comes from."
The
state senate passed a resolution calling for the amendment June 21. The
assembly passed an amended version August 11, giving only Raquette Lake
permission for such a well, but rescinding parts of a 1913 amendment allowing
forest preserve land to be flooded for canals and reservoirs. There's now talk
of a compromise between the two resolutions.
Wallace,
who says he never sought a constitutional amendment, hoped such a solution to
Raquette Lake's difficulties would have paved the way for other struggling
Adirondack communities. He resents that the council's original park-wide
proposal was altered by lobbyists and that the future of his hamlet's water is
being used as a bargaining chip to restrict potential solutions for other
towns. State agencies and some legislators have "bent over backwards" to help
Raquette Lake, he says, but efforts to create a long-term fix have been stalled
by the influence of environmental lobbyists in the assembly.
Wallace
says that he, like many other park residents, doesn't want to harm the park ---
after all, they live here, as the bumper sticker states. "We are
conservationists. I mean, that's why people move here," he says. But he draws a
line between conservationists like himself and preservationists. The advocacy
groups in Albany are preservationists, he charges, not wanting to see any
physical changes to the environment.
That's
something Ziemba would agree with. He argues that those like his family, who've
chosen to settle in Adirondack towns like Wanakena, have a personal stake in
preserving the wilderness. "We really care about everything, that's why we're
here," says Ziemba's wife Susan. "We would never do anything to harm it; it's
our backyard."
Someone should
tell that
to the advocacy groups in "environmental alley," as Hamilton Street has been
dubbed by Albany insiders. There, just a few blocks east of the state capitol,
The Adirondack Council's legislative offices face those of the Atlantic Chapter
of the Sierra Club, The Adirondack Mountain Club, and Environmental Advocates
of New York across the street. These days, that narrow street might as well be
a canyon reflecting a deep divide between the way the council and the other
three groups approach this conflict.
Each
of the other groups got a preview of the Adirondack Council's amendment
proposal, but each eventually opposed it. Sheehan dismissed their opposition.
"It's always nice to have someone who's knee-jerk against something without
knowing what it is," he says.
"I
never liked the big omnibus [amendment resolution] that was going to cover the
whole park," says Adirondack Mountain Club Executive Director Neil Woodworth.
He worked on language for the assembly's version of the resolution, helping
only Raquette Lake. Woodworth points to other specific problems where a
site-specific amendment was the solution, including a cemetery in Keene and an
airport in Piseco.
"I
wanted just to fix the Raquette Lake problem," he says. "Call me a conservative
on changing the constitution; I've always really strongly argued for as tightly
worded an amendment as possible." He dislikes what he calls "the land bank
approach," which would open far more land than he believes is necessary.
The
Sierra Club's Legislative Director John Stouffer raises the same objection in
opposing the broader version of the amendment. "The Adirondack Council's
proposal potentially allowed for drilling on thousands of acres of Forest
Preserve lands," he says. "That just created too much potential for abuse." But
rather than propose its own long-term solution, he says, the Sierra Club "will
consider each municipality's problem on a stand-alone basis" should more
problems arise.
Like
Environmental Advocates of New York Executive Director Rob Moore, Stouffer's
also not convinced that water problems are widespread in the park. "Most of
them [the 11 Adirondack towns with DOH water violations] don't have anything to
do with the water supply," Moore says, contending that some simply have
infrastructure problems.
"When
more research was done, it turned out Raquette Lake was really the only
community in this situation," he says.
Not
so, counters Sheehan. "The number of communities facing drinking water problems
is big," he says. Especially troubling is the growing problem of contamination
from road salt, which prompted the town of Keene to drill diagonally under the
Ausable River in recent years at great expense to taxpayers.
As
traffic increases on Adirondack highways, Sheehan predicts salt will become an
even more serious threat to water sources. The amendment aimed to solve such
problems "in a way that would make it possible to benefit Adirondack
communities," Sheehan says. Despite having two months with the proposal to
offer ideas and solutions, the other environmentalist groups failed to come
forward with concerns when a compromise was still likely, he says. "They blew
it. Nothing happened; that's the worst possible thing."
There's still
a chance
--- though most involved believe it's a slim one --- that the current
legislature could reach a compromise, which could put an amendment proposal
before the state's voters as early as November 2005.
In
the meantime, Raquette Lake has been granted "emergency authorization" to
temporarily alleviate the hamlet's water crisis by tapping several test wells
on forest preserve land. A long-term solution could remain elusive, though. And
until a permanent solution is found, Adirondack towns risk either bureaucratic
tie-ups like the one Wanakena experienced, or protracted and dangerous water
problems like Raquette Lake.
And
as Sheehan points out, temporary fixes put towns at risk of being sued on
constitutional grounds. Though the Adirondack Council hasn't ruled that course
out themselves in Wanakena's case, Sheehan says the group recognizes the
futility of making policy by lawsuit: "All we'd be doing is making a bunch of
lawyers rich," he says, "not solving the water problems."