Senate Bill 641
The Water Resources Protection and Management Act

In a previous column, I discussed the state’s efforts to evaluate the extent of our water supply and how best to protect it. At the Legislature’s direction, the state has been conducting a several-years-long survey. This year, the Legislature adopted Senate Bill 641, the Water Resources Protection and Management Act. The purpose of the act is to authorize the beginning of the development of a state water management plan.

It authorizes the Department of Environmental Protection to continue the water resources survey, and begin planning for a system of monitoring water quantity in various regions across the state.  The DEP is authorized to collect data and develop a statewide water resources management plan by 2013. The act provides for the types of assessments the agency is to undertake, and authorizes the DEP to coordinate with local governments and establish local “critical planning areas” in the state where water shortages are expected to occur to allow local governments to coordinate efforts to properly manage and preserve local water resources.

The DEP secretary is to report to Legislature’s Joint Water Commission annually on survey results and make a progress report every three years on the development of the plan and any significant changes that may have occurred since the 2006 survey report.

The department will continue to develop information that will be used to draft the plan, such as: location of water resources with estimates of safe yields for consumptive and nonconsumptive uses during different flow conditions; assessment of recharge capacity, consumptive limits and relationship to stream base flows; assessment and projection of existing and future consumptive and nonconsumptive needs; projection of existing and future needs to serve areas with important or unique natural, scenic, environmental or recreational values.

The department will discuss areas where data indicates low-flow, drought or flood problems may threaten beneficial use of surface or ground waters; current or potential uses that may contribute to or exacerbate natural low-flow conditions. It will assess capabilities of public and private water providers; assess flood plain and stormwater management problems; identify areas where demand exceeds or may exceed available resources; identify projects and practices implemented by water users to conserve, reuse, recycle or improve efficiencies of use; and identify alternatives to address water problems, including additional or alternative supplies, conservation and management techniques, and methods to implement any recommendations.

The water management plan must consider the following: the relationship between ground water and surface water as part of a hydrologic unit; regional or watershed needs, objectives and priorities; federal, state and interstate water resource policies, plans, objectives, compacts, agreements and laws; local governments’ needs and priorities in comprehensive plans and zoning ordinances; water quality and quantity necessary to support beneficial uses.

The plan should encourage multiple uses of available water, and distinguish between long-term and short-term conditions and needs to ensure appropriate, cost-effective responses to problems, and provide equal treatment for all similarly situated water users.

Once the plan is adopted by the Legislature, the various reporting requirements will be superceded by the plan, and subsequent reports will be on the survey results and the plan. If plan is not adopted by the Legislature in 2013, a detailed report discussing all aspects of the plan and its development will be submitted every three years.

This study is critical to the future of this state, because while we currently have an ample water supply, other states don’t, and we need to manage and protect this vital asset.

I welcome and appreciate your input on these or any other legislative issues. Write to House Majority Leader Joe DeLong, Building 1, Room 228-M, 1900 Kanawha Blvd. E., Charleston, 25305, or joe@joedelong.com, or call 304-340-3220.