ALBANY – The Appellate Division of State Supreme Court reversed a ruling by the state Environmental Conservation commissioner that two couples own the Honk Falls Dam in Wawarsing and therefore are responsible for its repairs. Engineering studies found the estimated cost of repairs to be over $1 million.
The Honk Falls Dam, on the Rondout Creek, was built in 1898 to generate hydropower. In 1924, United Hudson Electric Corporation, which later became Central Hudson Gas and Electric Corporation, purchased the dam and other land along the Rondout. In the 1940s, the City of New York constructed the Merriman Dam upstream from Honk Lake and acquired, through condemnation, property and the right to divert the waters of the Rondout, ending Central Hudson’s ability to generate electricity at the dam. New York and the utility settled Central Hudson’s compensation claim via a deed and agreement in 1948.
In 2006, the DEC notified David and Judy Cook, and the Berger family, who lives on the other side of the dam, that it was unsafe, that both families owned the dam and by law, were responsible to repair and maintain it.
The Cooks’ attorney, Benjamin Gailey, argued the case with the appellate court overturning the DEC’s ruling.
“The win-win for all parties, in my opinion, is for New York City to acknowledge its ownership of the dam, to repair the dam, to allow the water in Honk Lake to rise again to its prior condition and to arrange with the Town of Wawarsing to turn the lake into a town park,” Galley said.
The state and City of New York have both filed petitions seeking to re-argue before the Appellate Division or to appeal to the Court of Appeals. Both the Cooks and Bergers filed in opposition to those motions.
