(a) During all times of the year, the city shall divert through the Shandaken tunnel those quantities of water, as determined at the tunnel intake chamber, that when added to the flow of Esopus Creek, as measured at the Shandaken gaging station, are necessary and sufficient to provide at all times a combined flow of at least 160 million gallons per day—mgd (248 cubic feet per second—cfs); provided, when the Schoharie reservoir is physically incapable of providing sufficient water to maintain such combined minimum flow, the city shall make the maximum diversions of water into the Shandaken tunnel which the Schoharie reservoir is physically capable of providing. The provisions of this subdivision shall not be applicable when water is spilling from the Ashokan reservoir.

(b) Between June 1st and October 31st, inclusively, the city shall not make any diversion of water through the Shandaken tunnel:

Provided, in order to minimize spill from Schoharie reservoir, the city may make such diversions when the unfilled storage capacity of Schoharie reservoir is less than five billion gallons and the unfilled storage capacity of Ashokan reservoir is more than five billion gallons.

(c) During all times of a year, the city shall, in making any diversions into the Shandaken tunnel, open the Shandaken tunnel at intervals of one hour or more in increments not exceeding 40 mgd (62 cfs), and shall close the Shandaken tunnel at intervals of one hour or more in increments not exceeding 20 mgd (31 cfs). Provided, the provisions of this subdivision shall not be applicable from November 1st to May 31st, inclusively, whenever the flow in Esopus Creek, as measured at the Shandaken gaging station, exceeds 300 mgd (465 cfs).

(d) From November 1st to May 31st, inclusively, whenever the flow in Esopus Creek, as measured at the Shandaken gaging station, exceeds 300 mgd (465 cfs), the city may, in making any diversions into the Shandaken tunnel, make diversions of any amount or no diversions as it determines proper and may open and close the Shandaken tunnel at such rates as it determines proper.

(e) Prior to its commencement of any action relating to the operation of the Shandaken tunnel that is consistent with the provisions of subdivisions (a), (b), (c), and (d) of this section, the city shall notify the office of the department's regional director at New Paltz, New York. The city shall not be required to obtain any specific review or approval by the department for any action which is consistent with the provisions of subdivisions (a), (b), (c), and (d) of this section.

(g) The city may take an action with regard to the operation of the Shandaken tunnel which does not meet the requirements stated in subdivisions (a), (b), (c), and (d) of this section provided it obtains the department's approval of such action, prior to the commencement of any such action, in accordance with this subdivision. The department may approve an action proposed pursuant to this subdivision where it finds such action is reasonable and consistent with the purposes of this Part.

(h) Both the city reservoir releases manager and the department reservoir releases manager may specify one or more persons on their respective staffs to take all actions under this section in the place of and on behalf of such manager when such manager is not able to take such action directly. Provided, each such designation shall be in writing and shall be on file in the respective office of each manager. Provided further, any such designation shall authorize such designee to act in all respects under this section for the respective manager.

(i) The department may request the city to take an action with respect to the diversion of water from the Schoharie reservoir through the Shandaken tunnel in a manner that does or does not comply with the provisions of any or all of subdivisions (a), (b), (c) and (d) of this section for the purpose of field monitoring or testing, research, protecting the fishery or other natural resources of Esopus creek, protecting the fishery or other natural resources of Schoharie reservoir or Ashokan reservoir for the benefit of existing recreational uses of such reservoirs, or special recreational events on Esopus Creek. Such request by the department shall be sent by certified mail from the department reservoir releases manager to the city reservoir releases manager and shall be received by the city reservoir releases manager at least 24 hours prior to the first requested action. Said request by the department shall be consistent with the purposes of this Part and shall specify the dates and times of the requested action, the amount of water to be diverted, the rate at which water is to be diverted, the duration of the requested action, the specific purpose of the requested action and any conditions governing implementation and termination of the requested action. If the requested action will not occur when the Schoharie or Ashokan reservoir is spilling and will not cause either of such reservoirs to spill water or to spill increased amounts of water, the city shall comply with such request; and in the event such requested action will occur when either reservoir is spilling or will cause either reservoir to spill or to spill increased amounts of water, the city shall determine whether or not to comply with such request. The city's receipt of the department's letter containing such request shall constitute authorization for the city to increase or decrease the flow of water in the Shandaken tunnel in accordance with such letter.

(j) All telephone logs and written communications made pursuant to this section shall be considered matters of public record.