Solving  Environmental  Problems Through Collaboration
                                                                                             A Case Study
                                For EPA personnel and partners who wish to implement collaborative problem solving projects effectively,

New  York  City  Watershed  Partnership
  The goal of the New York City Watershed Partnership is to work in close cooperation
  with both government and non-governmental partners  to protect the unfiltered drinking
  water supply of nine million people while promoting economic viability and preserving
  the social character of the communities located in the upstate watershed.
Background

New York City's drinking water system,
the largest unfiltered system in the
nation, serves eight million City
residents, one million residents in
Westchester, Putnam,  Orange, and
Ulster counties, and millions of
commuters and tourists each year.
Ninety percent of the water comes from
a 1600 sq. mile area in the Catskill
Mountains known as the Catskill/
Delaware (Cat/Del) watershed.

Agriculture is one of the major land uses
in the source water protection areas,
upstate from New York City. Dairy and
livestock farming present one of  the
greatest non-point source pollution
challenges to the comprehensive
source water protection program. Other
pollution sources being addressed are
sewage treatment plants,  septic
systems and storm water runoff.  Land
conservation is a critical issue as well.
Two challenges requiring  reconciliation
were:  1)  the public health and
environmental resource protection
interests of a large and distant city with
the farming community's desire to
maintain an agricultural way of life in the
watershed and 2) New York City's
interest in protecting water quality with
those of upstate communities, including
upstate New York's interest in
maintaining economic viability.

How Filtration Avoidance
Determination Helped All
Parties to Move Forward

In  1997,  multiple partners entered  into
the Watershed  Memorandum of
Agreement (MOA) and ended an
                                         impasse that blocked the City from
                                         promulgating updated watershed
                                         regulations and securing a necessary
                                         state license allowing it to acquire land
                                         in the watershed.  The resolution of
                                         these and other issues was a
                                         prerequisite to EPA's reissuance of a
                                         Filtration Avoidance Determination
                                         (FAD).

                                         The FAD, reissued in 2002, allows the
                                         Cat/Del watersheds to remain  unfiltered
                                         because of the very high quality of the
                                         water supplies.  To ensure that those
                                         supplies remain high quality in the
                                         future, the FAD requires NYC to
                                         implement  a wide range of watershed
                                         protection programs, at an investment of
                                         approximately $1.4 billion.  Filtration of
                                         the Cat/Del system would have cost the
                                         City $6 - $8 billion. Successful
                                         implementation requires close
                                         cooperation with different levels of
                                         government as well as numerous non-
                                         governmental stakeholders.

                                         Why the New York City
                                         Watershed Partnership
                                         Worked

                                         The New York State Governor's office
                                         and EPA played a  key role in getting the
                                         negotiations moving by bringing
                                         together all watershed stakeholders,
                                         including several  environmental groups
                                         and a coalition of  watershed towns.
                                         The seven  source water counties of the
                                         Cat/Del watershed, watershed
                                         municipalities and a number of
                                         environmental  groups signed the
                                         Watershed MOA in 1997.  The
                                         partnership  also includes the
                                         agricultural community and the federal
                                         government.
                                                                                                         Albany

                                                                                                         East of
                                                                                                         Hudson
                                                                                                           fshed
         New York City
 The MOA recognized the varied and
 often divergent interests of the partners
 and created a framework for
 compromise  and accommodation on
 many of the most contentious issues.  It
 created a Watershed Protection and
 Partnership Council with senior level
 participation from the various partners.
 The Council meets regularly to  assess
 progress and resolve disputes, and
 provides a mechanism for addressing
 controversial  issues in a constructive
 way.

 For farmers concerned  about the
 potential economic impact, New York
 put aside  its purely regulatory approach
 and entered into a  partnership to carry
 out a locally developed  and
 administered  voluntary Watershed
 Agricultural Program which promotes
 and supports environmentally-protective
 farming practices.  The  farmer-led
 Watershed Agricultural Council  has
 been very successful in recruiting
 farmers to participate in the program.
 Because it was  in place prior to MOA
 negotiations,  this is the  one partnership
 program that  is not in the MOA.
It has been of great value over the years to
have an entity such as the [Watershed
Protection and Partnership] Council. In the
eyes of many watershed stakeholders, the
legitimacy of the partnership is measured
against the ideal of a participatory democracy.
No one with something to offer this endeavor
is left out of the process.

     - William C.  Harding, Executive Director
Watershed Protection and Partnership Council
            New York Department of State

-------
 What Made the New York
 City Watershed
 Partnership Unique?

 The Safe Drinking Water Act requires
 that all drinking water taken from
 surface water sources be filtered to
 remove microbial contaminants. The
 law allows EPA to waive this
 requirement for water suppliers if they
 demonstrate that they have an effective
 watershed control program and that
 their water meets strict quality
 standards.

 EPA provided the major impetus for
 serious negotiations on a viable
 program to safeguard the city's water
 supply by stating the clear intention to
 require the city to filter its Catskill/
 Delaware water supply  system  (at a cost
 of several  billion dollars) unless it
 substantially strengthened the existing
 watershed protection program.   By
 offering substantial financial  and
 technical support for local projects and
 programs,  New York City successfully
 negotiated with multiple stakeholders,
 and collectively, the partners developed
 creative solutions to numerous
 contentious issues.

 Lessons Learned

 This watershed program demonstrates
 the economic advantages of innovative
 partnerships.  It is possible to meet
 downstream water quality goals as well
 as upstream economic objectives
 through voluntary partnerships, and
 implementing  community-based
 watershed protection.  The initiative
 also showed that by protecting
 reservoirs  and areas surrounding
 source waters  it is possible to supply
 water for a massive urban population
 without the need for expensive filtration
 or chemical treatment.  The key to this
 program's success is  stakeholder
 involvement in a participatory process
 guided by  local leadership.  Other
 lessons that can be drawn from this
 case and applied to similar situations:
•  A clear vision of goals is crucial to a
  program's success.
•  Local leadership is central to
  successful participatory programs.
•  Finding creative methods for
  technical/financial assistance
  enables key cooperators to
  participate.
•  Early buy-in from stakeholders with
  unsettled perceptions of regulators is
  essential.
•  What happens upstream in a
  watershed can have a profound
  effect on conditions downstream.
  Economic development policies
  must be connected to sustainable
  management policies.
•  Watershed protection need not
  focus on control of specific pollut-
  ants, but might promote environmen-
  tally healthy landscapes.  Healthy
  landscapes that include agriculture
  not only result in cleaner water, but
  provide food and promote economi-
  cally sound rural communities.

Results

•  Congressional  appropriations of $39
  million to date.
•  New York City has purchased, or
  protected by easement, 63,000 acres
  of upstate land to safeguard the
  drinking water supply as well as to
  preserve rural community  character.
•  The program resulted in a portfolio
  of non-regulatory, integrated alterna-
  tives that focused on local leader
  ship,  environmental monitoring and
  education, and voluntary participa-
  tion in pollution prevention and
  control.
•  Interdependence of long-term
  watershed  protection and enhanced
  profitability of privately owned
  agricultural and forestry land was
  maintained and enhanced.
Keys to Collaboration
Exemplified
Agency experience and academic
research suggest there are seven keys
to successful collaborative problem-
solving (http://www.epa.qov/epainnov/
collaboration/seven  keys.htm) Five of
the seven keys are apparent and
exemplified through the New York City
Watershed  Partnership.

A shared problem between New York
City and upper New York State:
reconcile the public health and
environmental resource  protection
interests of NYC with upstate interests to
maintain economic viability, particularly
through farming.

As the committed leader,  New York
City had the most at stake: Financing
an $8 billion dollar filtration system for
drinking water.

As the conveners of stature, The  New
York State Governor's Office and EPA
brought together all  watershed
stakeholders.

The representatives  of substance-
seven source water counties,  watershed
municipalities, a  number of
environmental groups, the agricultural
community, and the federal
government—all signed  a Watershed
MOA.

The Watershed MOA succeeded in
outlining a  clearly defined purpose:
maintaining the quality of the Cat/Del
watershed's drinking water through
voluntary implementation of a  wide-
range of watershed  protection
programs.

For More Information

New York City Watershed Protection
Team
(212)  637-3554
http://www.epa.gov/innovation/
collaboration
United States
Environmental Protection
Agency
      Office of Policy,
      Economics and Innovation
      (1807T)
                           June 2006
                    EPA-231-F-06-005

-------