Town of Fenton v. Town of Chenango

*1247The Chenango River is the boundary between the two Broome County towns, with Chenango on the west side and Fenton on the east side. Mining operations in Fenton from the mid-1970s into the 1990s included soil removal and digging in close proximity to the river, which resulted in two large ponds that were separated from the main channel of the river by a narrow berm. The berm was first breached in the 1980s; the breach eventually grew over time resulting in the main flow of the river changing to go through the ponds created by the mining. This caused the original channel to become low and,…