By: Shea O’Malley
OSWEGO- Emotions ran high last Monday, March 2, in Oswego as lawmakers announced the proposal of a new law allowing communities to sue the International Joint Commission (IJC) for damages incurred by the continued rise of flood waters along the southern Lake Ontario shores.
The ICJ, an independent bi-national organization between the U.S. and Canada, implemented Plan 2014 “for managing water levels and flows that [would] restore the health and diversity of coastal wetlands, perform better under changing climate conditions and continue to protect against extreme high and low water levels,” said U.S. IJC Section Chair & Commissioner Lana Pollack.
Plan 2014 replaced an older system developed in the 1950s used to control the flow of water through the Moses-Saunders Dam located in the Saint Lawrence River between the U.S. and Canada.
Since the plan’s implementation, millions of dollars in damage has been done to residents and businesses affected by the ever-rising Lake Ontario waters.
U.S. Rep. John Katko (NY-24) and U.S. Rep. Anthony Brindisi (NY-22) introduced plans for the IJC Accountability Act, citing dismay at the organizations lack of responsibility in providing relief for people affected by the rising waters, despite lawmakers repeated demands for help.
“Today the gloves come off. We’ve had enough,” Katko said. “This legislation is going to remove immunity from the judicial proceedings that the International Joint Commission is currently provided under federal law. It would allow shoreline communities to pursue lawsuits against the IJC for damages caused by flooding and persistent high-water
Last November, Gov. Andrew Cuomo filed a lawsuit against the IJC on behalf of New York state for failing the Moses-Sauders Dam protocol when waters reach an extremely high level. According to the plan, the dam “”shall be operated to provide all possible relief to the riparian owners upstream and downstream.'”
The city of Oswego’s economy thrives off boating, tourism and businesses associated with the waterfront. The city has sustained over $7 million in flood damage. Misinformation by the IJC has area representatives frustrated.
“One part that constantly irritates me is when the IJC puts out the press releases about maximum outflows,” said Mayor Billy Barlow. “What they neglect to say is the maximum outflows of Plan 2014 are different than that of Plan 1958. So, it is really misleading on their part to say maximum outflows because they actually lowered maximum outflow in the new plan.”
On March 4, the IJC said it received $3 million to investigate possible improvements that might help Plan 2014 and the issues surrounding it. The investigation will take 18 months to two years. In the meantime, nothing can be done to ease the flooding expected for 2020.
Cathy Goodnough, an area business owner, spoke at the March 2 meeting, along with Rudy’s Lakeside Drive-In owner Jason Livesey.
Goodnough and her family own Greene Point Marina, located on Sandy Pond next to Lake Ontario.
The 115-year-old, family-run business sits on a 210-acre peninsula, including seven canals, 138 mobile homes and a myriad of docks that dominate the property. The business runs as a seasonal enterprise with a few locals living on the property all year long.
The family has worked since 2017 when the first flood came through, to build walls and keep the Marina from succumbing to utter devastation.
“One of the hardest things we’ve had to do is, what elevation do we build? No one tells us anything… They don’t know,” Goodnough said. “And what if we build them so high and then they dropped the water [level] down? Then we’re going to have to figure something else out.”
Livesey, owner of Rudy’s Lakeside Drive-In, a third-generational, family owned business, has seen thousands of dollars of repair work washed away by repeat flooding as the lake waters rise higher and higher.
“This was forced upon us,” Livesey said. “We had no say. We had no input in it at the time, and yet we are expected to deal with the repercussions and solve the problems with help from our local officials. Essentially, we were all being left on our own.”
Despite flood water fears projected for this year, both business owners are hopeful for a good summer season.
“We’re working really, really hard, and working all winter long to try and make the improvements so that we can have our people come back and enjoy it,” said Goodnough.
Livesey is hopeful the law will work in favor of the people.
“We just hope that through legislation and through public input, that perhaps somebody will finally start to listen to those of us being affected,” Livesey said.
missing or outdated ad config
No plan could have prevented the flooding except the one that was in place around 1600. Under Plan 1600, maximum outflows occurred every spring and so did flooding, benefiting riparian ecosystems. Then, people built dams and stuff in the areas that flooded and thought all was good except some new maximum levels occurred and flooded their stuff.