Catskill Center for Conservation v. New York State Department of Environmental Conservation

OPINION OF THE COURT

Mercure, J.

Respondent Shanty Hollow Corporation is the operator of Hunter Mountain, a major ski area located in Greene County. Since approximately 1960, Shanty Hollow has utilized Dolan’s Lake, an artificial reservoir resulting from the diversion of waters from Schoharie Creek (hereinafter the creek), as a source of water for its snowmaking activities. In 1980, respondent Department of Environmental Conservation (hereinafter DEC) granted Shanty Hollow permission to expand the diversion channel into the creek. The July 22, 1980 modified permit issued pursuant to ECL article…