States (Other Reform Efforts)
From Water Wiki
Southeastern and Middle Atlantic United States
2008 Alabama General Assembly enacted Act 2008-164 (SJR 28) and established the Alabama Permanent Joint Legislative Committee on Water Policy and Management. The Committee will report to the 2009 and subsequent General Assemblies. The Committee held its first meeting at Auburn University. The Auburn Natural Resources Management and Development Institute hosted the committee. Auburn created a Water Resources Center in January 2007.
Florida's Water Resources Act (Chapter 373, Florida Statutes) sets out Florida's water planning framework. The Division of Water Resource Management in the FL Dept of Environmental Protection published "Learning form the Drought: Annual Status Report on Regional Water Supply Planning" in August 2008. FL DEP recommends: 1) a diverse array of sources, including reclaimed water; 2) create more interconnected or regional systems that would reduce individual systems drought vulnerability; and 3) using water more efficiently in all sectors to increase drought resistance.
Five state created water management districts manage water supplies:<span id="fck_dom_range_temp_1222915070681_344" /><span id="fck_dom_range_temp_1222915070681_344" /> Northwest Florida, Suwannee River, St Johns River, Southwest Florida, and South Florida. These districts are built around the five major river systems in the state. They have ad valorem taxing power, and thus have developed into strong institutions. The Florida Water Management districts demonstrate one approach to river basin planning organizations. This paper, written for agricultural audiences, provides a good summary of the districts' powers and structure.
Pressure for changes to riparianism in Georgia comes both from the huge demand for water created by metropolitan Atlanta and from the ongoing litigation that Georgia has with its downstream state neighbors, Alabama and Florida, as well as its neighbor across the Savannah River, South Carolina.
Georgia's legislature approved a water plan in 2008. Work on the plan started at least as early as 1998/99, when the Georgia League of Municipalities and Association of Counties together proposed reform in the state's water laws. The plan passed in 2008 is really a framework for a series of regional assessments that are to result in actual allocations of water in 2011. In 2009 and 2010, the planning districts around the state were organized (starting with a big kickoff at the Aquarium in Atlanta) and began receiving water assessments in early 2010.
Developments in the Georgia water plan can be followed on an excellent website: http://www.georgiawaterplanning.org/
After the drought of 1988Kentucky enacted Kentucky Revised Statute (KRS 151) to require users of 10,000 gpd of surface or groundwater to register with the KY Dept of Environmental Protection. Domestic, agricultural and thermoelectric users are exempt. In 1990 KY encouraged water systems to develop water supply plans. The plans are voluntary, but systems are unlikely to receive state infrastructure funds without plans. In 2000 KY repealed local water system planning incentives and encouraged either county or "planning-area water management councils" (regions) to develop water and wastewater plans. KY has created a Water Resources Information System (WRIS) for both state and local water resources data. WRIS is maintained by the KY Infrastructure Authority in the Office of the Governor.
The Water Management Administration in the Maryland Department of the Environment www.mde.maryland.gov/ issues both "appropriation" permits for use of surface and groundwater and issues permits to discharge into surface and groundwater. The Code of Maryland (COMAR 26.17.06-07) requires users who withdraw an annual average of 10,000 gallons per day of surface or groundwater to apply for an appropriation permit. Permits may be issued for up to 12 years. State permits must be consistent with both county planning and zoning laws and county water and sewer plans. The applicant must also provide satisfactory proof that the proposed withdrawal is reasonable and impacts on the water source and on other users are acceptable.
Maryland requires community water systems (public & private) using 20,000 gpd or more to submit water supply capacity management plans (WSCMP) to the State if: 1) the sytem is using 80% or more of its water appropriation permit, or 2) the system is not meeting the conditions of its water appropriation permit, or 3) the system is under a consent order with MDE or US EPA or 4) the Secretary of MDE so designates.
Expansions of water systems must be consistent with local comprehensive plans, including county water and sewerage plans.
MDE has designated "water management strategy areas" (similar to NC's capacity use areas) where stricter water use regulations may be applied.
The Water Resources Data Management Division in the Office of Land & Water Resources in the
MS Dept of Environmental Quality manages data from groundwater and surface water investigations and from groundwater and surface water withdrawal permits. MS has created a water resource information management system (WRIMS). The Office of Land & Water Resources issues permits for withdrawal of groundwater and for the diversion or impoundment of surface waters (MS Code Annotated Section 51-3-5). Permits are issued for 10-year terms. Domestic users and users of less than 20,000 gpd are exempt. Use of 20,000 gpd of groundwater for once-through, non-contact cooling is not a beneficial use and is prohibited. MS Code Annotated Section 51-3-11 enables the State to designate "special water use areas" (similar to NC's Capacity Use Areas) to restrict water uses.
SB 2597 enacted in 1997 requires members of governing boards with less than 10,000 population to receive 8 hours of management training. Mississippi State University Extension Service provides the training.
The South Carolina General Assembly debated but did not pass water withdrawal permitting legislation, introduced by Senator Wes Hayes,
in its 2007-2008 session. The bill will be reintroduced in 2009.
Tennessee has a regional water planning effort underway.
Tennessee like NC has taken on water resource management in fits and starts. In response to severe drought in the 1950's a Water Policy Commission called for "immediate steps to take to continue to expand the study of water resources and water uses in Tennessee in order to facilitate the creation and development of a basic, long range water resources policy for the state." The General Assembly enacted the Water Resources Act of 1957, TCA 69-8-101, et seq.In 1963 Tennessee requried all users of 50,000 gallons per day or more of water to register their use with the Division of Water Supply in the TN Department of Environment & Conservation (DEC).
The TN Wate Quality Control Act of 1977, TCA 69-3-103(22), applies to all uses of surface water and enables DEC to require permits for water withdrawals. TN enacted an Interbasin Transfer Act, TCA 69-8-201, et seq,in 2000. The Water Resources Information Act of 2002, TCA 69-7-301, required users of 10,000 gpd to register their use.
In March 2002 the Office of Research of the Comptroller of the Treasury released "A Special Report, Tennessee Water Supply: Toward a Long-Term Water Policy for Tennessee" by Dr. Dan Cohen-Vogel, Principal Research Analyst, and Greg Spradley, Senior Research Analyst. See [http://www.state.tn.us/environment/boards/wrtac/pdf/2002Comptrollerwaterpolicyreport.pdf www.state.tn.us/environment/boards/wrtac/pdf/2002Comptrollerwaterpolicyreport.pdf].
The Tennessee Valley Authority (www.tva.gov) plays a major role in water management in the Tennessee River Valley. Section 26a of the TVA Act of 1933 requires permits for all water intake structures in the valley. In November 2004 TVA published "TVA Water Supply: Inventory and Needs Analysis" by Charles Bohac and M. Carolyn Kora. In March 2008 US Geological Survey relased "Estimated Use of Water in the Tennessee River watershed in 2000 and Projections of Water Use to 2030." 13% of NC is in the Tennessee River Valley. The USGS study projected that "expected future demands would exceed current supply" for the Towns of Andrews, Black Mountain, Biltmore Forest, Laurel Park (near Hendersonville), Hot Springs, Mars Hill, and Spruce Pine in the Tennesee Valley in NC.
The Water Resources Research Center is part of the Energy, Environment & Resources Center at the University of Tennessee at Knoxville. See [http://www.eerc.ra.utk.edu/WRRC/ www.eerc.ra.utk.edu/WRRC/]. Tim Gangaware at [mailto:firstname.lastname@example.org email@example.com] is director.
Virginia amended its code in 2003 and 2006 to establish the planning process and criteria that all local governments are to use in the development of local or regional water supply plans. The regulation also established a schedule for submittal of those plans. Local Water Supply Plans are due by:
• November 2008 for Local Governments with Populations > 35,000
• November 2009 for Local Governments with Populations > 15,000 but < 35,000
• November 2010 for Local Governments with Populations < 15,000
• November 2011 for Regional Water Supply Plans
Northeastern United States
New Jersey is revising its State Water Plan this year.
Delaware Valley basin
In September 2007 the Decree Parties under the Delaware Compact reached unanimous agreement on a Flexible Flow Management Program which gives a framework for managing diversions and releases from NYC's Delaware Basin reservoirs. There was also a Good Faith agreement in 2003 that formed the basis of the 2007 modification. The Commission then published proposed rules to enact the agreement--the public involvement phase followed the agreement. Amendments established diversion and flow objectives; substituted a fixed volume of releases called the "Interim Excess Release Quantitity" fo rthe Excess Release Quantity; modified the schematic rule curves diagram that defines basinwide normal, drought watch, drought warning and drought emergency operating conditions.
Future issues include a reassessment study, endangered species, NYC's use of less than its full allocation, sustainable sources (especially in light of climate change and their relatively small storage units), and lawsuits to require flood mitigation or recover damages.
An assessment of New England's water supplies and demands by the policy analysis unit at the New England Federal Reserve Bank concludes that the region is much less "water rich" than it believes and will have difficult water availability problems that mount in the 21st century.
A New York Times article on Vermont's struggles with groundwater pumping for bottled water, and passage of legislation declaring groundwater to be part of the public trust.
Pennsylvania has a state water plan with interesting analysis and tools, including an instream flow report prepared by The Nature Conservancy.
Rhode Island convened a working group that took a look at implementation of the Model Regulated Riparian Code. Here is the preliminary report of their working group, from 2003. This subcommittee was working under the auspices of the Water Resources Board, which tracks their overall reform efforts here.
Great Lakes RegionGood information on the impressive work of the Great Lakes states (and two Canadian provinces) around water--creating the Great Lakes Compact-- is available throught the Great Lakes Information Network. the U.S. Senate ratified the Compact, with a high degree of political support at the federal level. The U.S. House ratified the Compact in September 2008.
A 1998 Ontario permit for a bulk water transfer, to send Great Lakes water to Asia, was a major spur to the reforms in the Compact, designed to control water flow out of the region. There have not been many major interstate disputes over this water; it's been the fear of out of region diversions that unified the states. The Great Lakes hold about 90% of North America's non-frozen freshwater resources. But the water is primarily "fossil water," left over from the last glacial period, only about 1% is replenished annually. The management goals are not centered around maximizing withdrawal and use; they include more centrally navigation, recreation and other in-lake uses.
The Compact attempts to integrate groundwater and surface water management. The Compact drafters developed a tool for predicting the surface water impact of any given groundwater withdrawal. But the states in the Compact have different legal regimes for surface and groundwater, most notably, the public trust doctrine, which in the Great Lakes area is premised mostly on navigation. Protecting private groundwater rights is a final big challenge in the Great Lakes basin.
The interesting debates going on are around intra-state measures needed--how strict should conservation measures be, for example? how to deal with bottled water?The Compact treats bottled water as a product, allowing its free import and export (in quantities less than 5 gallons per container), but leaves it open to individual states to regulate water bottling more stringently.
Another interesting source of information on water issues in the Great Lakes region is the Great Lakes wiki.
Central United States
Platte River Recovery Implementation Program, a joint effort of Nebraska, Wyoming, Colorado and the U.S. Department of Interior.
West and Southwest United States
In 1983, the California Legislature enacted the Urban Water Management Planning Act (Water Code Sections 10610 - 10656). The Act states that every urban water supplier that provides water to 3,000 or more customers, or that provides over 3,000 acre-feet of water annually, should make every effort to ensure the appropriate level of reliability in its water service sufficient to meet the needs of its various categories of customers during normal, dry, and multiple dry years. The Act describes the contents of the Urban Water Management Plans as well as how urban water suppliers should adopt and implement the plans. It is the intention of the Legislature, in enacting this part, to permit levels of water management planning commensurate with the numbers of customers served and the volume of water supplied.
California faces huge water challenges, not just in the south; recent ecological crashes in the Sacramento-San Joaquin Delta and a press investigation of problems in water trading accounts raise major questions about northern California supplies.
Lummi Nation v. Washington, ___ P.3d ___ (October 28, 2010) (Docket No. 81809-6) - upheld Municipal Water Law (SESSHB 1338, Ch. 5, Laws of 2003), enacted in response to Washington Supreme Court decision in Theodoratus v. WA Dept of Ecology, 957 P.2d 458 (1999), and effectively overruling Theodoratus. Provisions rule unconstitutional by trial court reversed by WA Supreme Court include inclusion within the definition of "municipal water suppliers" of private water suppliers providing water to 15 or more residential service connections and retroactive application of the municipal water law (MWL). MWL provisions include water use efficiency planning requirements (including rate structures to encourage water use efficiency and other water use efficiency measures), leakage standard of no more than 10%, requirements to set water use efficiency goals, and performance reporting. Excellent discussion at http://www.martenlaw.com/newsletter/20101104-municipal-water-law-upheld.
Outside the United States
Australia has a long history of integrated urban water
management planning. For a detailed nationwide summary of see governance at a glance – Metropolitan water planning and management at: http://svc044.wic032p.server-web.com/nwi/water_governance/governance-at-a-glance/metro-water-planning-management.cfm