SMALLWOOD, NY — It seems the New York State Department of Health (NYSDOH) has once again put up signs prohibiting swimming at the Toronto Reservoir. The battle over the public access issue has been waged since at least 2003, when developer Steve Dubrovski said the public had no right to the public access on property he owned.

But the courts ultimately disagreed, and it seemed the fight was over. Then, last year, NYSDOH put up signs and closed down swimming in the area. However, keeping the access open is a condition of the license issued by the Federal Energy Regulatory Commission (FERC) to Eagle Creek, the company that operates the hydropower operation at the reservoir.

This is what The River Reporter printed last in May 2015: “FERC on May 5 issued an order rejecting a requested amendment by Eagle Creek that would have eliminated the possibility of swimming at the Toronto Recreation Area Site by changing a final order issued in March 2014.

“FERC deliberated this amendment, requested by Eagle Creek and sought by Woodstone Development and Mark Bushel, a property owner adjacent to the recreation area. The FERC order means that swimming will not be encouraged, but also not prohibited, except at the boat launch. Also, ‘No Swimming’ signs must be removed by June 7.”

Now, on August 8 a spokesman for NYSDOH sent this statement to The River Reporter: “State DOH posted a closure notice because the beach is operating without a permit. The Toronto Reservoir has no supervision, lifesaving equipment, potable water supply or emergency response communications, all of which are required at permitted bathing beaches. The closure is in effect until the operator complies with the state sanitary code, Subpart 6-2, which includes applying for and obtaining a permit. DOH is not aware of any illness associated with the reservoir.”

But, critics say, if that were the case, swimming should be prohibited in the entire lake, which is used by many residents of Chapin Estate. Also, under the policy outlined above, swimming at popular spots such as Skinner’s Falls and Swinging Bridge Reservoir should also be prohibited.

Members of Friends of Toronto Reservoir (FTR) went to speak to Christine Westerman and Michelle Glover-Brown of NYSDOH on August 8, to talk about the no-swimming signs. In the view of Nino Nannarone, co-chair of FTR, NYDOH does not have jurisdiction in the matter according to DOH rules because the access is not advertised as a public beach, and no admission is charged.

NYSDOH representatives declined to say who brought the matter to their attention, but Nannarone said it is the same people who have been trying to block the public from using the access at the reservoir for years: the developer and a property owner who would prefer that the reservoir at this area be used only by members of the gated community next to the reservoir.