Catskill Mountains Chapter of Trout Unlimited, Inc. v. Sheehan

OPINION OF THE COURT

Kavanagh, J.

Respondent New York City Department of Environmental *237Protection operates the New York City Catskill Water Supply System and, as part of that system, transfers water from the Schoharie Reservoir in Delaware County through the Shandaken Tunnel into the Esopus Creek, which flows into the Ashokan Reservoir in Ulster County. In March 2000, petitioners—five not-for-profit corporations whose members use the Esopus Creek for numerous business and recreational activities—commenced an action in federal district court alleging that this transfer of water constituted a…