Public Lands Policy

Ranking the Size of State Parks, Wild Forests, Wilderness, Other Lands

For the sake of comparison, I made up maps ranking Wilderness, Wild Forests, other DEC Lands (State Forests/WMAs, etc), and State Parks. The largest parcels to smallest parcels are pink, then red, orange, yellow, green, blue, purple — colored based on comparison to other parcels of the same class. Click on them to see acreages, or click on the link below to see on Google Maps, which includes each parcel sorted by acreage.

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Wilderness Areas Ranked.


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Wild Forests Areas Ranked.


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Other DEC Lands Ranked.


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State Parks Areas Ranked.


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State Nature and Historic Preserve Deserves Enhanced Consitutional Protections

There are Three Classes of Protected State Public Lands in the New York State Consitution:

  1. Forest Preserve – Consitutionally Protected with No Land Bank
  2. State Forests and Wildlife Management Areas – Consitutionally Protected with Land Bank
  3. State Nature and Historic Preserve – No Consitutional Protection – Can Be Alienated By Legislature

Off the Cliff

State Forest Preserve.

The State Forest Preserve, inside of Catskill and Adirondack Parks is defined in Article XIV Section 1:

Article XIV Section 3

The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed.

[exceptions not included]

This is the strictest classification of public land. No land swaps or non-forest preserve uses are permitted. Trees may not be logged except incidentially as part of maintence of these wild forest lands. This language is often seen as unflexible, and has required 10 admendments to the state consitution in the past 100 years, as no land bank is provided for in consitution.

Article XVI Section 1 Exception 3, passed in 1957, does provide for a limited “Land Bank” allowing for realignment of a limited number of miles of state highways for safety purposes, however it is very limited compared to compared the generous land bank previsions Article XIV Section 3 (State Forests).

… nor from relocating, reconstructing and maintaining a total of not more than fifty miles of existing state highways for the purpose of eliminating the hazards of dangerous curves and grades, provided a total of no more than four hundred acres of forest preserve land shall be used for such purpose and that no single relocated portion of any highway shall exceed one mile in length.

.

A lack of a land bank means even for minor non-forest preserve uses of current forest preserve lands, a consitutional admendment must be passed. This means a consitutional admendment must be drafted, passed by two successive legislatures (such as the 2011-2012 and 2013-2014 sessions) and signed into law twice, then approved by a majority of the state’s voters in a general election.A powerline cutting off 1/3rd of an acre of forest preserve, would require this expensive and lengthy procedure.

Through the Marshlands of the VIC

Wildlife Management Areas and State Reforestation Areas.

More flexible is the concept of Wildlife Management Areas (popularly known as “Public Hunting Grounds”), and State Reforestation Areas (popularly known as “State Forests”), as defined in Article XIV Section 3. These were added in the current form to the state consitution under the State Consitutional Convention of 1933.

Article XIV Section 3

1. Forest and wild life conservation are hereby declared to be policies of the state. For the purpose of carrying out such policies the legislature may appropriate moneys for the acquisition by the state of land, outside of the Adirondack and Catskill parks as now fixed by law, for the practice of forest or wild life conservation.

The prohibitions of section 1 of this article shall not apply to any lands heretofore or hereafter acquired or dedicated for such purposes within the forest preserve counties but outside of the Adirondack and Catskill parks as now fixed by law, except that such lands shall not be leased, sold or exchanged, or be taken by any corporation, public or private.

2. As to any other lands of the state, now owned or hereafter acquired, constituting the forest preserve referred to in section one of this article, but outside of the Adirondack and Catskill parks as now fixed by law, and consisting in any case of not more than one hundred contiguous acres entirely separated from any other portion of the forest preserve, the legislature may by appropriate legislation, notwithstanding the provisions of section one of this article, authorize:

(a) the dedication thereof for the practice of forest or wild life conservation; or

(b) the use thereof for public recreational or other state purposes or the sale, exchange or other disposition thereof; provided, however, that all moneys derived from the sale or other disposition of any of such lands shall be paid into a special fund of the treasury and be expended only for the acquisition of additional lands for such forest preserve within either such Adirondack or Catskill park.

All State Forests and Wildlife Management Areas are Consitutionally Protected but with a state-use land bank. Small portions of State Forests and Wildlife Management Areas (under 100 acres) may be traded for other areas of the land nearby. Alternatively, small areas of land may be sold for purchase of new Forest Preserve within the Adirondack or Catskill Parks. This allows the state the flexibility to re-route highways and build other needed state facilities, as long as the amount of public land is not reduced. The Consitution has never been admended for State Forests or Wildlife Management Areas.

While one could argue that the Adirondack and Catskill Forest Preserve should include similiar flexibility, not including a land bank for Forest Preserve means that large parcels are ensured never to be subdivided by roads, power lines, or other troublesome breaks of wilderness.

The important thing to note is that State Forests and Wildlife Management Areas can not be alienated in whole without a Consitutional Admendment. There will never be a net decrease in State Forest and Wildlife Management lands outside of the Forest Preserve, even if boundaries may change slightly due to public needs. To change State Forest and Wildlife Management Area boundaries, such as for re-routing of a state highway or constructing of a state facility, a bill of alienation with a home rule message must pass to successive legislatures, however no consitutional admendment is required as long as the bill of alienation involves less then 100 acres.

Almost Black Out

State Nature and Historic Preserve.

The State Nature and Historic Preserve came out of the New York State Consitutional Convention of 1967. It was approved by the People of New York State in the General Election of November 1969. It finally gave public parks limited consitutional protection, at least those parks maintained by the State of New York, and officially designated as “State Nature and Historic Preserve”.

Article XIV Section 4 (relevant sections)

… The legislature shall further provide for the acquisition of lands and waters, including improvements thereon and any interest therein, outside the forest preserve counties, and the dedication of properties so acquired or now owned, which because of their natural beauty, wilderness character, or geological, ecological or historical significance, shall be preserved and administered for the use and enjoyment of the people.

Properties so dedicated shall constitute the state nature and historical preserve and they shall not be taken or otherwise disposed of except by law enacted by two successive regular sessions of the legislature.

The State Nature and Historic Preserve was a good concept. Yet, before passage, it was well established in Case and Statutory Law under the Alienation Doctrine and clarified through 50 years of case law, most notably Williams v. Gallatin (229 N.Y. 248, 253). It didn’t make any real changes to the policy of state, and left land vunerable to alienation by two sucessive the state legislatures. Traditionally the State legislature has been resistant to abuse the Alienation Power, usually deferring to the opinion of local environmental groups, and acting consitent to statutory law. Most alienations exist as a land swaps and generally involve a de minis amount of land. Yet, that is no guarantee for the future.

Untitled

Strengthen the State Nature and Historic Preserve.

The State Nature and Historic Preserve should be strenghtened to have the consitutional protections afforded to State Forests and Wildlife Mangement Areas. There should be a consitutional bar for all large alienations, e.g. those larger then 100 acres. Large scale alienations of all public lands should require a consitituional admendment, not just those designated Forest Preserve, State Forest, or Wildlife Management Area.

Moreover, the DEC and the Office of Parks and Historic Preserve, should be compelled to add all lands it owns and maintains to the State Nature and Historic Preserve. Right now, it is not viewed as priority for most state agencies, as the State Nature and Historic Preserve offers no additional protections over the traditional parks.

State Land Acreage By Classification

All figures are in acres except where noted. Table updated April 2011. Reprinted from the DEC Website.

Inspiration Point

Land Classification Region
1
Region
2
Region
3
Region
4
Region
5
Region
6
Region
7
Region
8
Region
9
Catskill
Park Total
Adirondack
Park Total
State
Total
Percent of Total
State Land and
Conservation
Easements
State Forest 16,056 758 31,763 102,248 58,354 221,924 200,419 55,581 99,121 16,264 ** 786,224 17%
Forest
Preserve
Wilderness 89,352 53,482 954,601 206,151 142,834 1,160,752 1,303,586 28%
Wild Forest 75,588 60,368 938,664 ** 367,123 135,956 1,305,787 1,441,743 31%
Primitive 31,309 15,704 47,013 47,013 1%
Primitive Bicycle
Corridor
15 283 298 298 0.006%
Canoe 18,989 18,989 18,989 0.4%
Intensive Use 4,104 1,542 21,591 1,828 5,646 23,419 29,065 0.6%
Administrative 392 0 *** 384 7 392 391 783 0.02%
Historic 531 531 531 0.01%
Pending
Classification
259 111 370 370 0.007%
Under Water*
(Unclassified)
17,395 6,534 23,929 23,929 0.5%
Detached
Parcel
1,382 4,141 1,441 4,318 11,282 0.2%
Total Forest Preserve 170,833 119,816 2,001,313 601,776 285,126 2,597,267 2,893,738 61%
Wildlife Management Area 6,007 12,021 18,518 6,524 ** 46,371 49,562 41,462 17,178 407 *** 2,755 ** 197,643 4%
Conservation Easement 108 21 7,264 7,286 488,463 336,783 436 10 9,437 769,579 840,371 18%
TOTALS: 22,171 779 221,881 247,868 2,554,654 1,206,854 250,417 97,043 116,309 294,970 3,385,865 4,717,976 100%

Blue Ridge and Blue Mountain

Notes from the DEC.

* Certain lake beds are considered Forest Preserve, despite some level of private ownership adjacent to the lakes. These underwater lands are not classified. For the purposes of this table, however, lakes and ponds that are completely surrounded by Forest Preserve have been classified the same as the adjacent land.

** Where State Forests and Wildlife Management Areas exist within the Adirondack Park, the Adirondack Park State Land Master Plan also classifies these lands as Wild Forest. However, since these lands are not Forest Preserve, State Forest and Wildlife Management Area acreages within the Adirondack Park were NOT included in the Wild Forest category.

*** Where Wildlife Management Areas exist within the Catskill Park, the Catskill Park State Land Master Plan also classifies these lands as Administrative. For calculation purposes in this table, however, Wildlife Management Area acreage within the Catskill Park was NOT also included in the Administrative category.

Public Parks vs Occupy Movement

I am concerned about what the Occupy Movement means for our public parks. Public parks are the commons in our society, the places where anybody may go to gather and to recreate. Public parks belong to us all, therefore private individual organizations must not be allowed to have exclusive use to them.

Snow Covered Old Wood Road

Inherit in the concept of a public park is that man is just a visitor, and that nobody resides there permanently. Parks are places where men dwell only temporarily for fellowship or solitude, it is an escape from the private places we normally reside in.

Recently Cleared Sand Dunes

When kayaking on a lake or hiking a mountain, one may stop to enjoy the view. You only stop for a few minutes to enjoy the view, and then you move on. Your experience is non-exclusive, anyone can walk by when your there, or come by five minutes after you’ve left in solitude. Laws prevent you from building a house or setting up long-term residency there, you must move on an allow others to see what you once saw.

Towards Trout Lake Mountain

Campsites are same way. Whether in a DEC Campground or a back-country site, one can only set up a campsite and camp there for a set amount of time. Typically this is limited to two weeks except during Big Game Season. When your time is up, you must pack up your gear, and leave the site cleaner then you have found it.

Campsite

When your camping, a campsite becomes your temporary place of residency. You unpack your gear, you make a fire, you set up your tent. You cook your meals there, you camp there, and you probably do your business in an outhouse or in woods a short ways from there. For all purposes, you live there and campsite is like your house for a short period of time.

Cooking Breakfast

A campsite is never an exclusive site. Campsites can get elaborately set up, with lots of canopies, tents, lanterns and other gear. Some people hang Christmas lights and drive in large RVs to campsites. You may dwell there for a while but after a number of days you must pack up and leave. Others may then use your campsite, enjoy the views and benefits the public lands provide for all that wish to use them.

Kunjamuk Bay 2

Public parks are excellent places for individuals and groups to get together and discuss public business. They are good places to get together and protests. Many parks are large, and can accommodate large groups of people. Many parks are appropriate for camping and other recreational pursuits.

Old Administration Building

Yet, we can not allow any individual or group to remain in a park for too long of a period. Individuals must remain visitors, those who come only for a short period of time to enjoy the land in solitude or fellowship. Two weeks, needs to remain the maximum use for a piece of land, except in very narrow exception.

Cook Hill Valley

… Allowing people to stay too long in a park, only serves to undermine the concept of public lands and the commons.

Adirondack Park State Land Acquistion Policy

Today’s fodder is based on the text of as Adirondack Park Land Acqusition Policy, as described in the Adirondack Park State Land Master Plan. I added the headings and pictures to make it more readable. — Andy

The Agency has an important interest inr future state land acquisitions since they can vitally affect both private and public land within the Adirondack Park. As a result the Agency recommends that the following guidelines should govern future acquisitions of state lands within the Park…

Heading Up the Quiet, And Sometimes Narrow Kunjamunk

State Should Only Acquire
Adirondack Park Land for Forest Preseve.

1. Future state acquisitions within the Adirondack Park should generally be restricted to the acquisition of forest preserve lands. Where special state purposes are such that non-forest preserve land might be acquired (if such acquisitions are constitutionally permissible) the amount acquired for other than forest preserve purposes should be kept to the minimum necessary. Thus, should the state acquire a 100-acre tract on which it wished to place a hospital, a prison, an office building or another facility only that part of the tract, say twenty-five acres, that is actually necessary for the facility should be classified as non-forest preserve.

Reasons Not To Acquire Land.

2. As a general guideline, the state should avoid acquiring lands for non-forest preserve purposes (if such acquisitions are constitutionally permissible) within the Park where:

— the tract is not contiguous to a public highway; or,

— the tract is of a native forest character, i.e., stocked with any size, native tree species with twenty-five percent crown cover (plantations are not considered to be native forest land); or,

— the tract involved consists of more than 150 acres; or,

— the tract is contiguous to existing forest preserve land; or,

— the tract is within one-half mile of a block of forest preserve land of over 1,000 acres; or,

— the tract lies at an elevation greater than 2,500 feet; or,

— the proposed use of the tract will materially alter the surrounding environment; or,

— the tract is of significant scenic, ecological or geologic value or interest.

After The Fire

New Intensive Uses Should Be Restricted
to Private Companies and Individuals.

3. Save for (i) the two existing alpine skiing centers at Whiteface and Gore mountains and the Mt. Van Hoevenberg area; (ii) rustic state campsites, a long accepted intensive use of the forest preserve; (iii) visitor information centers, memorial highways, beaches and boat launching sites; and (iv) historic areas (guidelines for which are provided elsewhere in this master plan), the state should rely on private enterprise to develop intensive recreational facilities on private lands within the Park, to the extent that the character of these lands permits this type of development, and should not acquire lands for these purposes.

Trees Along the West Branch

Lands Most Desirable to Add to Forest Preserve.

4. Highest priority should be given to acquiring fee title to, fee title subject to a term of life tenancy, or conservation easements providing public use or value or rights of first refusal over,

(i) key parcels of private land, the use or development of which could adversely affect the integrity of vital tracts of state land, particularly wilderness, primitive and canoe areas and

(ii) key parcels which would permit the upgrading of primitive areas to wilderness areas.

Preference for Consolidation of State Parcels of Land.

5. High priority should also be given to acquisitions of fee title which permit the consolidation of scattered tracts of state land.

Protection of Deer Wintering Habitats.

6. Fee title or appropriate conservation easements should also be acquired to protect critical wildlife areas such as deer wintering areas, wetlands, habitats of rare or endangered species or other areas of unique value, such as lands bordering or providing access to classified or proposed wild, scenic and recreational rivers.

Moose Plains Road in Plains

Protection of Scenic Vistas.

7. Efforts should be made, by conservation easement or fee acquisition, to protect the major scenic resources of the Park along travel corridors, with particular attention to the Adirondack Northway and those scenic vistas specifically identified on the Private Land Use and Development Plan Map and listed in Chapter III of this document.

Obtaining Right-of-Ways to Public Lands.

8. The acquisition of fee title to or rights-of-way across private lands that effectively prevent access to important blocks of state land should be pursued, except where such acquisition would exacerbate or cause problems of overuse or inappropriate use of state lands.

Obtaining Canoe water Right-of-Ways.

9. Canoe route easements should be purchased to reopen Adirondack canoe routes for non-motorized access in appropriate areas of the Park.

Vanderwhacker Firetower Trail Sign

Obtaining Fishing Right Easements.

10. The highly successful fishing rights easement purchase program of the Department of Environmental Conservation should be continued and expanded on appropriate streams.

Tug Hill Valley

Avoid Purchases of Highly Productive Timber Stands,
Consider Conservation Easements for Timber Stands.

11. Due to the importance of the forest products industry to the economy of the Adirondack region, bulk acreage purchases in fee should not normally be made where highly productive forest land is involved, unless such land is threatened with development that would curtail its use for forestry purposes or its value for the preservation of open space or of wildlife habitat. However, conservation easements permitting the continuation of sound forest management and other land uses compatible with the open space character of the Park should be acquired wherever possible to protect and buffer state lands.

Relaxed

Adirondack Park Agency Prohibited from Reviewing Land Purchases Prior to Purchase.

While the Agency has not been given authority to review proposed acquisitions before title has vested in the state, once new lands have been acquired the Act requires the master plan to be revised by classifying the lands and setting guidelines for their management and use pursuant to the statutory procedures (consultation with the Department of Environmental Conservation and submission to the Governor for approval). The following procedures for revisions of the master plan will be followed in connection with new acquisitions:

— land acquisitions should be classified as promptly as possible following acquisition and in any case classification of new acquisitions will be done annually; and,

— prior to classification by the Agency, lands acquired by the Department of Environmental Conservation or any other state agency will be administered on an interim basis in a manner consistent with the character of the land and its capacity to withstand use and which will not foreclose options for eventual classification.

One Lane Bridge

Adirondack Wild, Scenic and Recreational Rivers System

Today’s fodder is based on the text of the Adirondack Park State Land Master Plan that explains the Adirondack Scenic, Wild and Recreational Rivers System and the policies surrounding it quite well. — Andy

The Adirondack Park contains many rivers which, with their immediate environs, constitute an important and unusual resource. Classification of those portions of rivers that flow through state land is vital to the protection of existing free flowing streams. The classification system and the recommended guidelines specified below are designed to be consistent with and complementary to both the basic intent and structure of the legislation passed by the legislature in 1972 creating a wild, scenic and recreational rivers system on both state and private lands.

LED Driver built on perfboard as Arduino shield

Definitions

A wild river is a river or section of river that is free of diversions and impoundments, inaccessible to the general public except by water, foot or horse trail, and with a river area primitive in nature and free of any man-made development except foot bridges.

A scenic river is a river or section of river that is free of diversions or impoundments except for log dams, with limited road access and with a river area largely primitive and undeveloped, or that is partially or predominantly used for agriculture, forest management and other dispersed human activities that do not substantially interfere with public use and enjoyment of the river and its shore. A recreational river is a river or section of river that is readily accessible by road or railroad, that may have development in the river area and that may have undergone some diversion or impoundment in the past.

River Picks Up Speed As You End the Flow

Guidelines for Management and Use

Basic guidelines

1. No river or river area will be managed or used in a way that would be less restrictive in nature than the statutory requirements of the Wild, Scenic and Recreational Rivers Act, Article l5, title 27 of the Environmental Conservation Law, or than the guidelines for the management and use of the land classification within which the river area lies, but the river or river area may be administered in a more restrictive manner.

2. Rivers will be kept free of pollution and the water quality thereof kept sufficiently high to meet other management guidelines contained in this section.

3. No dam or other structure impeding the natural flow of a river will be constructed on a wild, scenic or recreational river, except for stream improvement structures for fisheries management purposes which are permissible on recreational and scenic rivers only.

4. The precise boundaries of the river area will be determined by the Department of Environmental Conservation, will be specified in the individual unit management plans for the river area or the areas, where the more restrictive guidelines of the particular area will apply) and with the following additional guidelines.

2. Access points to the river shore or crossings of the river by roads, fire truck trails or other trails open to motor vehicle use by the public or administrative personnel will normally be located at least two miles apart.

3. Other motor vehicle roads or trails in the river area will not be encouraged and, where permitted, will normally be kept at least 500 feet from the river shore and will be screened by vegetation or topography from view from the river itself.

4. The natural character of the river and its immediate shoreline will be preserved.

5. The following structures and improvements may be located so as to be visible from the river itself:

== fishing and waterway access sites;

== foot and horse trails and foot and horse trail bridges crossing the river; and,

== motor vehicle bridges crossing the river.

6. All other new, reconstructed or relocated conforming structures and improvements (other than individual lean-tos, primitive tent sites and pit privies which are governed by the regular guidelines of the master plan) will be located a minimum of 250 feet from the mean high water mark of the river and will in all cases be reasonably screened by vegetation or topography from view from the river itself.

7. Motorboat usage of scenic rivers will not normally be permitted but may be allowed by the Department of Environmental Conservation, where such use is already established, is consistent with the character of the river and river area, and will not result in any undue adverse impacts upon the natural resource quality of the area.

Recreational rivers

1. Recreational rivers and their river areas will be administered in accordance with the guidelines for management of wild forest areas (except where such rivers flow through wilderness, primitive or canoe areas, where the more restrictive guidelines of the particular area will apply) and with the following additional guidelines:

2. Where a recreational river flows through an intensive use area, structures, improvements and uses permitted in intensive use areas will be permitted, provided the scale and intensity of these intensive uses do not adversely affect the recreational character of the river and the river area.

3. The natural character of the river and its immediate shoreline will be preserved and enhanced.

4. The following structures and improvements may be located so as to be visible from the river itself:

== fishing and waterway access sites;

== docks;

== foot and horse trails and foot and horse trail bridges crossing the river;

== snowmobile trails, roads, and truck trails; and,

== motor vehicle bridges crossing the river.

5. All other new, reconstructed or relocated conforming structures and improvements (other than individual lean-tos and primitive tent sites which are governed by the regular guidelines of the master plan) will be located a minimum of 150 feet from the mean high water mark of the river and will in all cases be reasonably screened by vegetation or topography from view from the river itself.

6. Motorboat use of recreational rivers may be permitted, as determined by the Department of Environmental Conservation.

Cheney Pond Outlet

Designation of Wild, Scenic and Recreational Rivers

The application of the above definitions and criteria to rivers on state lands in the Park results in the current designation under this master plan of 155.1 miles of wild rivers, 511.3 miles of scenic rivers, and 539.5 miles of recreational rivers. A significant amount of private lands not covered by this master plan are included in these mileage figures. A brief description of these rivers and their classification is set forth in Chapter III.

River Wild Scenic Recreational
Ampersand Brook 8.6
Ausable — Main Branch 21.7
Ausable — East Branch 8.8 25.2
Ausable — West Branch 31.8
Black 6.8 5.8
Bog 6.2
Boreas 11.4
Bouquet 42.7
Bouquet — North Fork 5.9
Bouquet — South Fork 5.0
Blue Mountain Stream (Trib. of Middle Branch, Grasse River) 7.9
Cedar 13.5 13.0 10.4
Cold 14.5
Deer 5.7
East Canada Creek 19.3
Grasse — Middle Branch 12.9
Grasse — North Branch 25.4
Grasse — South Branch 36.1 4.2
Hudson 11.2 11.8 55.1
Independence 24.5
Indian (Trib. of Hudson River) 7.5
Indian (Trib. of Moose River — South Branch) 15.1
Jordan 15.7
Kunjamuk 7.1 9.1
Long Pond Outlet 16.3
Marion 4.4
Moose — Main Branch 15.0 11.0
Moose – North Branch 5.3 11.6
Moose — South Branch 33.6
Opalescent 10.4
Oswegatchie — Main Branch 14.9
Oswegatchie — Middle Branch 13.0 22.7
Oswegatchie — West Branch 7.2 6.3
Otter River 8.8
Ouluska Pass Brook 2.3
Piseco Outlet 3.8
Raquette 36.0 51.6
Red 8.0
Rock 6.4 1.3
Round Lake Outlet 2.4
St. Regis — East Branch 15.4 6.3
St. Regis — Main Branch 15.6 23.9
St. Regis — West Branch 31.5 5.5
Sacandaga — East Branch 11.3 12.6
Sacandaga — Main Branch 28.5
Sacandaga — West Branch 18.1 16.6
Salmon 11.6
Saranac 62.7
Schroon 63.9
West Canada Creek 7.4 17.1 9.1
West Canada Creek — South Branch 5.7 9.1
West Stony Creek 7.4 7.7
Total 148.4 487.2 545.6