Eagle Creek Land Resources, LLC v. Woodstone Lake Development, LLC

OPINION OF THE COURT

Stein, J.

AER NY-GEN, LLC is a power company licensed by the Federal Energy Regulatory Commission (hereinafter FERC) to *74operate a hydroelectric facility known as the Swinging Bridge Project (hereinafter the project). The project encompasses three reservoirs, including the Toronto Reservoir (hereinafter the reservoir) located in the Town of Bethel, Sullivan County. As a condition of the FERC license, AER was required to maintain, among other things, a public recreational area on the southeast bank of the reservoir.1 From 1971 through 2000, access to this recreational area…