(1) During normal hydrologic conditions, the city shall make such water releases from the Cannonsville, Pepacton and Neversink reservoirs as are necessary and sufficient to maintain the constant minimum flows indicated in Table 1 in the West Branch Delaware River, East Branch Delaware River and the Neversink River:

(2) During normal hydrologic conditions when the Delaware River master directs releases according to provisions of the 1954 U.S. Supreme Court decree, the city shall make releases at the direction of the department to increase the flow above that indicated in Table 1 on the West Branch, East Branch and Neversink Rivers, provided that the total amount of additional water above the flows indicated in Table 1 shall not exceed the amount of releases directed by the Delaware River master.

(1) When the department determines that releases in addition to those required under the other provisions of this section are required in a river flowing below the Cannonsville, Pepacton or Neversink reservoir during the period of May 1 to October 31, inclusive, in order to adequately protect the fishery or other natural resources in the designated downstream areas of such river during thermal stress periods, the city shall make releases from each such reservoir as are directed by the department pursuant to paragraph (3) of this subdivision. Provided, no release shall be required under this paragraph from Cannonsville, Papacton and Neversink reservoirs which exceeds an accumulated total volume of 6000 cfs days (3878 million gallons) released collectively from said reservoirs pursuant to this paragraph between May 1 and October 31, inclusive. Releases under this paragraph shall be directed by the department in a manner so as to prevent to the maximum extent possible any instant water temperature higher than 75 degrees Fahrenheit or any daily average water temperature higher than 72 degrees Fahrenheit in the designated downstream areas as determined from measurements at the Callicoon, Harvard, Woodbourne and Hale Eddy gaging stations. In order to allow travel time for water released from a reservoir to reach the applicable gaging station, the department may direct releases under this paragraph 24 hours prior to the anticipated occurrence of a temperature higher than the 75-degree and 72-degree parameters.

(2) Whenever the Cannonsville, Pepacton or Neversink reservoir is spilling, the city shall, in order to improve fishery habitat in the river flowing below such reservoir, release water from such reservoir up to a maximum amount which equals the amount of water which would otherwise be spilling from such reservoir, or the capacity of the valves, whichever is lesser.

(3)

(1) The city reservoir releases manager shall submit a written proposal for such action to the department reservoir releases manager. Such a proposal shall specify the dates and times of the proposed action, the amount of water to be released, the rate at which water is to be released, the duration of the action, and the purpose of the action. Such written proposal shall be received in the office of the department reservoir releases manager not less than 24 hours prior to the commencement of the first proposed action.

(2) Within 24 hours of his or her receipt of the written proposal by the city reservoir releases manager, or as soon thereafter as practical, the department reservoir releases manager shall notify the city reservoir releases manager by telephone whether the department has approved, approved with modifications, or disapproved the proposed action; and, in the event of an approval or approval with modifications, he or she shall specify the dates and times of the authorized action, the amount of water to be released, the rate at which water is to be released and the duration of the action. Provided, between the receipt of the city's written proposal and the department's telephone transmission of its decision, the city and the department may negotiate by telephone relative to such proposal.

(3) As soon as practicable after notifying the city reservoir releases manager by telephone, as provided in paragraph (2) of this subdivision, the department reservoir releases manager shall send a letter to the city reservoir releases manager stating the decision of the department with regard to the proposal involved. In the event the department has approved the city's proposal or approved it with modifications, said letter shall specify the dates and times of the authorized action, the amount of water to be released, the rate at which water is to be released, and the duration of the action. In the event the department has disapproved the city's proposal or approved it with modifications, said letter shall specify the reasons for such disapproval or modifications.

(4) When the city is not able to provide a written proposal to the department as specified in paragraph (1) of this subdivision at least 24 hours prior to the commencement of the first proposed action, the city reservoir releases manager may submit a proposal for such an action by telephone to the department reservoir releases manager, which request shall be made not less than 24 hours prior to the first proposed action. Such proposal shall specify all the information required for a written proposal under paragraph (1) of this subdivision. Immediately following such telephone proposal, the city reservoir releases manager shall send to the department reservoir releases manager a written proposal stating those matters covered by the telephone proposal. Within 24 hours of his or her receipt of such a proposal by telephone, or as soon thereafter as practical, the department reservoir releases manager shall notify the city reservoir releases manager as to the department's decision regarding such request in the manner specified in paragraphs (2) and (3) of this subdivision. Provided, between the receipt of the city's telephone proposal and the department's telephone transmission of its decision pursuant to paragraph (2), the city and the department may negotiate by telephone relative to such proposal.

(5) The telephone approval by the department provided in paragraphs (2) and (4) of this subdivision shall constitute the authorization for the city to proceed with an action approved by the department pursuant to this subdivision. No action shall be taken by the city pursuant to this subdivision until such telephone approval has been received, and any such action shall be undertaken in accordance with such telephone approval.

(6) The city reservoir releases manager and the department reservoir releases manager shall each maintain a complete and accurate log of all telephone conversations made pursuant to paragraphs (2) and (4) of this subdivision.

(7) The city reservoir releases manager and the department reservoir releases manager shall make the necessary telephone arrangements to fulfill the provisions of paragraphs (2) and (4) of this subdivision.