The Suffolk County Water Authority took action this week to protect the North Fork’s water supply project by commencing an action in Suffolk Courts against the Town of Riverhead. The action alleges that the Town’s Monroe balancing test determination regarding the North Fork Water Main Project is not in accordance with the law. The project is designed to bring an additional supply of high-quality water to a region that has consistently faced water shortages due to a fragile aquifer.
While the Town of Riverhead contends that SCWA must follow local zoning rules for construction within its jurisdiction, SCWA maintains it is exempt as a public-benefit corporation performing an essential governmental function. SCWA notes that the Town has not applied this standard to other SCWA projects in the area. Precedent from similar Monroe cases provides clear statutory authority for SCWA to construct and operate water supply facilities without municipal obstruction.
The SCWA Board issued the following statement:
“The Suffolk County Water Authority has adopted a Monroe determination confirming that the North Fork Water Main Project is not subject to local zoning. While we remain committed to working with the Town of Riverhead, their Monroe determination is legally flawed and leaves us with no choice but to seek relief in court. Public authorities are specifically designed to carry out critical infrastructure work efficiently and without municipal obstruction; imposing local zoning requirements can delay projects that directly affect water reliability. SCWA has clear statutory authority and longstanding case law on its side. We are taking this step to ensure the delivery of reliable, high-quality drinking water to our customers on the North Fork.”
About SCWA:
The Suffolk County Water Authority is an independent public-benefit corporation operating under the authority of the Public Authorities Law of the State of New York. Serving approximately 1.2 million Suffolk County residents, the Authority operates without taxing power on a not-for-profit basis.