Suffolk County Water Authority sues Riverhead to advance pipeline project

The Suffolk County Water Authority is seeking a court ruling that would allow a major water pipeline project to move forward without complying with Riverhead Town zoning and land use laws.

The water authority is asking the court to declare it immune from Riverhead regulations to build a proposed 8.5-mile transmission line that would deliver water from Flanders to Southold.

Late last year, Riverhead determined that the pipeline is not exempt from local review. The lawsuit, which was filed Feb. 6 in Suffolk County Supreme Court, seeks to overturn that ruling and bar Riverhead from enforcing its zoning laws against the authority.

Suffolk County Water Authority proposed the $35 million project to stabilize the water supply for customers in Southold, where officials have said their systems struggle to meet demand because of excessive use and saltwater intrusion into shallow wells.

The pipeline would draw from the authority's infrastructure in Flanders to boost supply on the North Fork. But that requires traversing through the Town of Riverhead, which operates its own water district.

Local officials and residents of both Riverhead and Southold Towns are skeptical about the project’s implications.

Construction will cause major disruptions on Sound Avenue, Riverhead officials have said, affecting commuters and businesses while providing no real benefit to its residents. In Southold, a top concern is whether additional water supply could lead to more development, contrary to the town’s goals of preserving its rural character.

Some have called for ramped up conservation, since water authority data shows about 70% of use during peak summer months is for irrigating lawns.

In court filings, the water authority argued it is performing an “essential government function” to provide potable water and increase supply in emergencies, and should therefore be shielded from oversight.

The legal dilemma unfolds after the town and water authority reached an impasse over the project's review last fall. Each held separate public hearings and reached opposing conclusions under the state’s Monroe Balancing Test.

New York courts use the legal test to settle intergovernmental disputes by considering nine factors, including on a host community and public interests served.

The water authority ruled that its pipeline project is “indisputably immune." But Riverhead determined there would be “no discernable benefit” to its residents, who would “suffer from and or be adversely impacted by” its construction.

In a statement Friday, the water authority said the town's findings were "legally flawed."

"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."

Riverhead’s decision said the water authority needs multiple sign-offs, including utility easements, site plan approvals, as well as building and wetlands permits.

Riverhead Town Supervisor Jerry Halpin declined to comment. 

Riverhead Town Attorney Erik Howard said in an interview Friday that the town hasn’t been served yet. He declined to comment on the filing but said the town stands by its review.

He said that "to the extent that we're the host community for any portion of their proposed scope of work, the Monroe [Balancing Test] would be done by us.” He added, “I think that’s consistent with guidance from the state.”

Kathleen Bennett, an attorney representing the water authority from Bond, Schoeneck & King PLLC, did not respond to requests for comment.

Jeff Szabo, the water authority’s CEO, said in an affidavit that having to comply with local regulations would be “detrimental.” In the filing, he conceded that construction would cause temporary disruptions but the agency would work to minimize disruptions and explore alternative routes.

“However, regardless of alternatives, the water main will have to travel through the Town of Riverhead to get to the Town of Southold,” he said in the affidavit.

The town has not yet filed a response, according to online court filings.