GMWS: RESPONSIBLE WAKES PETITION / USE OF PUBLIC WATERS

The Green Mt Water skiers(GMWS) are a USA Water Ski sanctioned club founded over 40 years ago.  Our members are traditional water skiers.  We do not have any Wake Board members. We have worked with the Legislature to enact water ski bills, and we were involved with the then Water Resources Board in the development of the Use of Public Waters Policy (UPWP) in the 90s which has become the Use of Public Waters Rules (UPWR).  The WRB felt a comprehensive management plan was needed due to increasing conflicts and Petition submissions.  The WRB surveyed all public waters to determine what were the existing uses and where those uses predominated.  The WRB drafted the UPWP and held several public hearings across VT for input.   The adopted UPWP and current UPWR key components are:

*  When conflicts develop on public waters,  petitions are required to document that they contacted affected users and user groups, and document the efforts to resolve the conflict or the Petition would not be accepted.   

*  Separation and/or time of day was to be considered.  

*  The minimum acreage size for high-speed 5 mph motorboat use is 75 acres.

*  The minimum acreage size for personal watercraft (PWC) use is 300 acres.

*  Petitions could request allowing high-speed use under 75 acres, and allow personal watercraft (PWC) under 300 acres.   Successful petitions were granted for slalom course skiing on Lake Lamoille and PWC on Wrightsville Reservoir.

The GMWS does support amending UPWR to include Wake Boating as an existing use since  Wake Boating did not exist in the 90s.   The Responsible Wakes Petition (RWP) proposes using a 1,000 ft from shore, a 20 ft depth minimum protection zone, and Wake Sport Zones as the tools to be utilized.   The data presented is comprehensive.  The GMWS does not refute the documentation provided; however, we feel the 1,000 ft from the shoreline would be very difficult to enforce and does not fit within the existing framework of the UPWR for conflict resolution and management.  The GMWS requests amending UPWR as follows:

*  Establish a minimum acreage size to allow Wake Boating.   Options on size limitations should be included in the DRAFT Amendment for public comment.  For example 300, 500, and 700 acres. The Waterbury Reservoir Petition included three options to limit high-speed motorboat use.  Based on public comments the middle of the road option 2 was adopted.   The RWP does mention that Wake Boating all of the 19 lakes larger than 500 acres that allow over 5mph high speed use the RWP proposed characteristics to support Wake Sport Zones.

*  Get input from the Marine Division of the Department of Public Safety on establishing a distance from shore of 1,000 ft and a minimum water depth of 20 ft for Wake Boating as per RWP.    Allow for waivers for the 1,000 ft providing documentation demonstrating that shoreline erosion, personal property, depth greater than 20 ft for water quality, and public safety will not be impaired.   Currently, waivers can be approved by the Marine Division of the Dept. of Public Safety for the 200 ft requirement for motorboats exceeding 5 mph.

*   Conduct several Public Hearings on the DRAFT Amendment at various locations. Provide a one-year waiting period after the Amended Rules are adopted to allow for Petitions for Wake Boating on Public Waters under the minimum acreage established by the Rules.  

*   Establish a citizen Public Waters Panel within ANR that would review Petitions and make recommendations to the Secretary.  ANR could request applications from the public to get a diverse group of recreational users.  Panel size TBD. 

The GMWS supports fair management and environmental stewardship of our Public Waters.  A Wake Boating minimum acreage size would be consistent with the current management and conflict resolution policies of the UPWR.  The WRB determined minimum acreage sizes for high-speed motorboat and PWC uses where those uses did not predominate.   Minimum Acreage size limits prevented numerous petitions from being filed to limit high speed and PWC uses.  This process is fair since it still allows for petitions to limit high speed and PWC uses on Public Waters over the size minimum.    History has proved the WRB was right on target with a fair process.  

Bruce Epstein, President GMWS

References:

DEC Lakes and Pond Rulemaking

Wake Boat Petition 3/9/22

Annual Meeting Tuesday, May 8, 2018

Hi Members,

Our Annual Meeting will be held Tuesday, May 8 at our home in Waterbury (address is below). Social time starts at 6:00 pm with Pizza provided. Bring your own beverage. Meeting will commence ~ 6:30 pm. Agenda will include Treasurer’s Report, Election of Officers, Membership status, Club Website, this year’s Tournament/State Championship, Northeast Slalom Series (NESS) Update, State Records, Juniors Clinic Update, the Alan Rossi Award, House Bill H.729 Update, USA Club Liability Insurance, Waterbury Courses Update, and any other items. If you would like any other items added please let me know.
Please confirm if you will attend so we can order enough Pizza. You can email me at address below or respond directly below.

The Tom Costello/Alan Rossi 2nd State Championships was a success, with great scores and conditions at the Wrightsville Reservoir Beach. Congrats to all our new State Champions (listed below). Thanks to all that volunteered your time to make our Tournament a success!

Our 2017 Vermont Champions:

 Abe Musty Boys 1  Abigail Campfield Girls 2
 Will Bruzzese Boys 2  Karen Bruzzese Womens 3
 Seth Chappell Mens 2  Darlene McCormick Womens 5
 Ben Musty Mens 3  Joyce Dobbertin Womens 6
 Bill Bruzzese Mens 4  
 Joe Bourgeois Mens 5  

The Tournament was also a stop on Justin Campfield’s North East Slalom Series, which is a seven stop five state tour that culminates in a head to head cash finals. Points awarded are NOPS equalized to level the playing field so everyone has an opportunity. For more details visit the NESS website http://waterskitheeast.com/.

The 2017 Alan Rossi Award went to our own Darlene McCormick. In addition to being our Treasurer and website manager, she also developed/works on the AWSA East website, and works as a Regular Judge and Senior Driver at several tournaments. Darlene is a great skier dedicated to helping skiers. Our Club would not be the same without her dedication. Well Deserved!

Our Club is what we make of it. Please make every effort to attend. THANKS!

Bruce Epstein, President
13 South Pinnacle Ridge Rd
Waterbury, VT 05676
CELL: (802)272-5324

Response to VT Digger Article on WaterSkiing vs. Rowing

You may have heard about the Great Hosmer Pond issue between the scullers and a water skier/camp owner.  Following are links to articles from Seven Days News and Vermont Digger regarding the issue at hand.

https://www.sevendaysvt.com/vermont/water-rights-scullers-vs-motor-boats-in-craftsbury/Content?oid=3445825

https://vtdigger.org/2017/07/16/pond-rule-change-could-favor-lawyers-power-boat-over-rowers/

What’s important to us is that the Agency of Natural Resources (ANR) / Department of Environmental Conservation (DEC) has started Rule Making with their own process bypassing the Use of Public Waters Rules (UPWR) formerly the Use of Public Waters Policy.  ANR /DEC has been given the responsibility to manage user conflicts on Public Waters.  Why is this important to us?  Water skiing is considered a normal use under UPWR.  To limit water skiing or any other normal use (i.e. quiet use, fishing, etc) a petition must be submitted.  The Petition must explain what the Petitioner has done w/ other users to resolve any issues. Also a rule change needs to be submitted under the specific parameters of the rules (separation, day(s), time of day, speed).  Under UPWR, anyone who feels they want to limit or eliminate water skiing must file a Petition.   On Great Hosmer Pond no petition has been filed. If the ANR/DEC can go straight to Rule Making our rights to the water could easily be in jeopardy.   Under UPWR, a Petition would have to be filed with the Petitioner having to document that they contacted affected users and demonstrate what they did to try to resolve the issue under UPWR section 2 guidelines.  PLEASE READ the UPWR & email below that I sent to ANR/DEC.   The The UPWR can be found at vermont.gov/anr/dec   then click onto Lakes and Ponds on left and go to Quick Links for Use of Public Waters Rules.    You can help by bringing this issue to your local legislators by emailing and/or  calling them.  Go to vermont.gov on the right side of the page to elected officials.  Questions on this matter please call or email me.

Bruce Epstein
Green Mountain Water Skiers – President
CELL:  (802)272-5324
[email protected]

DEC Commissioner Boedecker, ANR Secretary Moore

The Green Mountain Water Skiers (GMWS) have been involved in public water issues for over thirty years.We have worked with the Legislature, other user groups, and individuals to amend state statutes, promote water ski safety, and help resolve conflicts on our public waters.  WE support multi recreational use while recognizing that any public body of water can not necessarily be available to all users all the time.  WE are proud to have been a major player in resolving the conflicts on Waterbury Reservoir that festered through several petitions starting in the late 80s.  The GMWS proposed the idea of Rule Options in a petition submitted to the Water Resources Board (WRB) under the Guidelines of the newly adopted Use of Public Waters Policy (UPWP) .  The Petition was submitted by a coalition of Recreational Users including the GMWS, Friends of Waterbury Reservoir, VT Bass Assoc., VT Personal Water Craft Assoc. and interested individuals.  The new Rules adopted under then Option 2 of the Petition greatly increased the 5 mph/ no wake zones of the Reservoir for quiet use while establishing the siting of 2 water ski courses.  The majority of the Reservoir remained high speed multi recreational use.  The resolution of the intricate user conflicts was made possible by the foresight of the WRB, which was a citizen board.  News of this was spread nation wide that water skiers & quiet users could resolve their differences in VT. 

On behalf of the GMWS, I attempted to contact Commissioner Bodecker’s office yesterday (7/24) about our concern with the Rule Making Procedures for the user conflict resolution on Great Hosmer Pond.  I was informed I could not discuss this subject with her, because the discussions were complete with the involved users. Any comments can only be done by email/letter.  I asked why our organization,which is an effected user group was never contacted?  I was told they could can not contact everyone and there was public notice made.    Comments:

(1)  The GMWS takes issue with the ANR for going to Rule Making w/o following the Use of Public Waters Rules established by State Statute and entrusted to the ANR for their management.  If the ANR proceeds to finalize Rule Making, this will set a  precedent that is potentially harmful to various users of our public waters.  WE believe this is a dangerous slippery slope that will lead to more conflicts and bad decision making.  The original UPWP was established based on the WRB outreach including public hearings held in several locations state wide.  It was the goal of the WRB UPWP “… to provide a basis for both avoiding when possible, and resolving when necessary, conflicts in the use of public waters in a comprehensive and integrated manner so that the various uses may be enjoyed in a reasonable manner, considering the best interests of both current and future generations of the citizens of the State and insuring that natural resource values of the public waters are fully protected.”   WE believe this document has stood the test to time and should not be bypassed  by a State Agency.    The GMWS considers this a breach of public trust.

(2)   Section 2.4 of the UPWR  requires “when establishing either general or specific rules for the use of public waters under 10 VSA Section 1424 the following persons and entities shall be consulted…”  The list includes affected user groups.  Our Organization has never been contact or consulted.  We have a well documented history of involvement on public water issues  for decades. 

(3)  The GMWS recommends the ANR discontinue their current Rule Making process.  We recognize ANR is trying to get the conflicting parties together to resolve their differences, but bypassing the Use of Public Waters Rules the ANR  has been entrusted to use  by establishing new Rule Making procedure is flawed  Public Policy.  The GMWS further recommends that ANR inform the conflicting parties that if they cannot come to a local solution among themselves, a Petition that proposes a specific rule change that fully complies with the provisions UPWR is the only option.  The affected parties should be informed that they are both at risk of being disappointed with the end result if they can not compromise by using the separation, time of day and/or days as tools to resolve their differences.  Different Options could also be provided by joint Petition that would then go to Public Hearing for a fair resolution. This would be very similar to what happened in Waterbury Reservoir.  The frame work for settling this matter has been well established for over 20 years.

Sincerely,
Bruce Epstein, President GMWS
CELL:  (802)272-5324
greenmountainwaterskiers.com

CC:  Hard copy Governor Scott

Waterbury Reservoir Water Level in Danger

The Friends of Waterbury Reservoir have noted recent discussion about future management of the water level. A mailing of theirs explains all the detail and this can also be accessed at their “Call to Action” link. GMWS is asking you to either attend the Vt. Dept. of Environmental Conservation’s public information meeting on October 7, 2014, 6:30-8:30 at Thatcher Brook Primary School in Waterbury or write to Jeff Crocker, VT Dept. of Environmental Conservation, 1 National Life Dr., Main 2, Montpelier, VT 05620-3522, and express your concern that the water level be maintained at summer levels as it historically has so that everyone can enjoy the resource.