Legal Actions to Compel the State to Take Action to Protect Owasco Lake as a Drinking Water Source

Please read our most recent update from 5/16/2025

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In 2017, researchers, seasoned members of the agricultural community; county, town and city officials; soil and water conservation officials; and political leaders got together in an open, cooperative series of meeting to address the water quality issues in and around Owasco Lake.  

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These people that met know the area and have a great deal of local experience. They spent countless hours discussing the issues affecting where they live and Owasco Lake with the encouragement and cooperation of the state Department of Health. The outcome was the 2020 Updates to the Owasco Lake Watershed Rules and Regulations (WRR Amendments) that were specifically designed to protect Owasco Lake and its watershed. In December 2020, the WRR Amendments were sent to the New York State Department of Health for approval, as required by state law. 

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First Lawsuit (January 2024)

In July 2023 the state Department of Health released their proposed changes to the WRR Amendments that deleted several key elements. OWLA and others immediately sounded the alarm. In January 2024, the City of Auburn, Town of Owasco and OWLA filed an Article 78 lawsuit against the state Department of Health to challenge the department’s determination that it can no longer issue regulations to protect Owasco Lake from nutrient runoff. We are requesting that the court tell the department it still has the authority to protect Owasco Lake from contaminants like manure and septic system wastewater. That lawsuit is making its way through the process. 

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Second Lawsuit (November 2024)

In July 2024, Auburn Mayor Jimmy Giannettino and Owasco Supervisor Ed Wagner, as drinking water purveyors, received a letter that stated that the Department of Health does not intend to move forward on any part of the WRR Amendments. This was a unilateral decision to slam on the brakes. The letter also stated that the department “…has determined that amendments are not necessary to ensure potable water quality for the foreseeable future”.  

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In response to the July 2024 letter from the state Department of Health, the three litigants filed a second Article 78 Lawsuit that takes aim at the department’s unsupported decision that the new regulations are not necessary to protect Owasco Lake drinking water. The state department made a decision about our lake and our drinking water, but they provided no reasoning and no data to support that decision. The lawsuit states that the denial of the request to promulgate new regulations is contrary to the best available science and prior commitments of public health officials, and asks the court to reverse the department’s decision to not move forward with amended rules and regulations.