Dear POA Members:
On Thursday, August 19th, I received an email from Adventure Sports Center [ASCI], operator of the white water course at the top of WISP Mountain. Since the lake levels were at the lower rule band, the Recreational Industries permit [under which they withdraw water from the lake], precluded them from any additional water withdrawals.

Matt Taylor, the Executive Director of ASCI notified the POA that it was arranging a teleconference with the various stakeholders to ask the Maryland Department of the Environment [MDE] to permit small withdrawals from Deep Creek Lake in order that the facility could continue to operate for the balance of the tourist season. Matt argued his withdrawal request was so small that it would not be measurable by Brookfield Power's gauge.

The teleconference was held on Monday, August 23. I designated Scott Johnson to stand in for me as I was not available.

The teleconference participants included: John Grace, MDE; Duane Yoder, ASCI Board member; Matt Taylor, ASCI Director; Bob Yeast, Recreational Industries; Wendell Beitzel, Legislative Delegate; Glen Neiport and Brian Dugan, Brookfield Power; Bob Raley, Thousand Acres Development; John Wilson, DNR; Carolyn Mathews, DNR; Roger Zbel, Precision Rafters (Friendsville).

ASCI requested permission for an immediate withdrawal of Five Million Gallons so they can continue operating.   ASCI stated without the water they would have to shut down. MDE stated it would issue a decision later that day or Tuesday.

Precision Rafters also requested authority for an exception to permit additional releases the next two Fridays. 

 MDE official John Grace was active in getting stakeholder opinions. Brookfield wanted to make it clear that they are not responsible for the low water levels as they are not the only user of the water. The other users of the water from Deep Creek Lake are Recreational Industries for irrigation, the white water course, and snow making; Thousand Acres Development for Golf Course irrigation; MDE/DNR for temperature enhancements for fish in the Youghiogheny; and white water recreational activities on the Youghiogheny.

John Wilson from DNR said that there is fish life in the lake that should not be sacrificed for life in the river or other recreational uses. Lake Manager Carolyn Mathews deferred comment to MDE.

Even though the POA is, by state law,  a board member of the Deep Creek Lake Policy and Review Board (PRB), there was no board member from the PRB specifically invited to attend.
The POA vigorously objected to ASCI's request as the lake is a limited resource, the lake is below the lower rule band, the lake stakeholders have already suffered this year and if permission is granted for an exception, where does it stop?   The rule bands and their guidelines must be followed. Immeasurable or imperceptible amounts of withdrawals when all added up do amount to measurable differences.

The POA, later, directly discussed the matter with John Grace of MDE and further stated its position. Mr. Grace told the POA that MDE would respond directly with a decision.
On Friday, August 27, the POA received a copy of Mr. Grace's letter of response to Recreational Industries and ASCI, as well as to Precision Rafting.

Based on Recreational Industries pond water levels, weather, and other factors, MDE granted a withdrawal of only 1.2 million gallons to insure adequate water through Labor Day weekend. This provision was accompanied by numerous conditional requirements. Beyond Labor Day, MDE will reevaluate on September 8th for the next 10 to 12 day period.

The request for additional release by Precision Rafting was also denied.

As I stated at the POA General Membership Meeting on August 21, 2010, The Policy and Review Board Water Level Committee was arranging a meeting with Mr. Grace to specifically discuss the release provisions in the Brookfield Permit. The POA and the Policy and Review Board both believe the release provisions added to the last issued permit to be the major contributing factors to the lower water levels within the Rule Bands that we are experiencing. It is the intent of the PRB's Lake Level Committee which has two board members from the POA on it, to openly discuss and make MDE aware of the negative impact these revised provisions are having on Deep Creek Lake, by significantly shortening the boating season for many and quite possibly contributed heavily to the devastating fish kill that occurred this unusual hot summer season.

The POA does believe its remarks both at the teleconference and later directly to MDE had a significant impact on MDE's considerably lesser amount of initial withdrawal request from 5 million gallons to 1.2 million gallons, and denying the request of Precision Rafting.

I am asking the POA members who live in the eastern parts of Maryland to contact your local state representatives and ask them to help to convince MDE that immediate changes to Brookfield's water appropriate permit need to take place to restore and preserve the historic recreational opportunities to Deep Creek Lake.

I have received notification of the proposed MDE meeting date for the PRB Lake Level Committee. I hope to come away from this meeting with a positive conclusion can be reported at the next PRB meeting that will be held on September 27, 2010 at 6pm at the Discovery Center.
 
Lou Battistella, President