DEC Unresponsive As Easement Arbitrator, WAC Director Says - Nutrient Management Credit Adjustments

WALTON - At the recent Watershed Agricultural Council (WAC) meeting on Sept. 24 Executive Director Ryan Naatz expressed concern for the arbitrator clause in easements and the transparency policy.

After the 2010 water supply permit was approved, WAC adopted a new easement agreement template stipulating that the New York State Department of Conservation (DEC) would act as arbitrator for any potential disputes. This clause was then embedded in the transparency policy adopted by directors to ensure consistency.

Although this clause has been in place for over a decade and is now included in roughly 58 easement contracts, Naatz said he has never needed it until now. Most disagreements are settled between WAC and landowners themselves, he explained.  A recent dispute led Naatz to seek DEC support, though they have been unable to fulfill the request. It is unclear if DEC will act as arbitrator in these cases. According to Naatz DEC has not responded to the inquiry.

Naatz would like to continue the conversation with DEC to ensure WAC can honor those easement agreements. However, he warned directors they might need to amend easements and review the transparency policy. "The language is at odds," he said, adding that they would need to square that away or consider alternative means. 

Director Paul Gallay, who formerly worked for DEC, explained that the agency does not typically conduct the work WAC is requesting. They mediate when there are issues with permits, he said. "I think the silence is 99 percent of the answer," said Gallay.

In another discussion, the Nutrient Management Credit program has a new equation to be implemented this year. The management credit is an incentive program to offset costs and time necessary for farmers to implement nutrient management plans. Such plans map out where, when, and how much manure can be spread with minimal risk of contaminating waterways. 

The current rate structure takes into account the number of acres and animal units (# acres x $10 + # animal units x $12.78 = nutrient management credit award). Animal units are one per every 1000 pounds of live weight. 

The new calculation sought to adhere to the changing structure of farms. WAC staff found that farms are shifting from dairy to beef. In 2009 roughly 77% of participating farms were dairy but in 2023 that number dropped to 33% while beef farms grew from 18% to 57%. In addition, farms are diversifying and are no longer uniform, staff say. Another key finding is that farmers are managing more acreage per animal unit than in the past. In 2009 the average acres per unit was 2.4 which increased to 2.56 in 2023.

The new equation will also account for tons of manure spread per animal unit based on farm type. Staff said manure spread can vary drastically depending on animal type and use - dairy 12.4, beef 5.7, horse 5.9, and sheep 4. 

While the new rate structure has the same basic structure, acres and animal units, there are some adjustments. The acres used in the calculation will be capped at 2.5 acres per animal unit at a rate of $7. Animal units will be calculated to reflect manure production and handling intensity based on animal type. Multipliers for manure production include dairy 2.0, beef 1.0, equine 1.0, sheep & goats .67, and more. The new equation is as follows: total capped acres x $7 + total adjusted animal units x animal rate based on type = nutrient management credit award.

Manure spreading records from farmers are due Oct. 18 and recommended awards will be reviewed by WAC finance department on Nov. 1 for letters to be mailed out in December.

The next WAC directors' meeting is scheduled Tuesday, Oct. 22 at 10 a.m.