New bill ratchets down daily water withdrawals limits, but rolls back tributary protections and thwarts public's appeal rights
Columbus, OH - A revised bill to implement the Great Lakes Compact was introduced unexpectedly in the Ohio House of Representatives, yesterday.
Representative Lynn Wachtmann (R-Napoleon) introduced House Bill 473, following months of negotiations by Governor Kasich's staff with Wachtmann and industry and environmental leaders. Wachtmann had sponsored a previous Compact bill that Governor Kasich vetoed last July.
The Kasich administration had been working with the House to craft a new bill since the Governor vetoed an overly industry-friendly bill approved mostly along party-lines by the General Assembly last year.
The bill was opposed by former Governors Bob Taft and George Voinovich, the governors of Michigan and New York, and environmental and conservation groups.
While the new bill is much improved, Governor Kasich's staff has signaled publicly that the bill's introduction was unexpected and that several important issues remain unresolved.
Sportsmen and conservation groups see the renewed debate as a second chance for Ohio to fully protect Lake Erie and the tributaries and ground water that feed the Lake from unsustainable water withdrawals and consumptive uses by stone and mineral mining and other industrial activities.
Conservation groups credit Governor Kasich and the Ohio DNR for achieving substantial improvements in the new bill, including:
The OEC and its environmental-conservation allies are urging the General Assembly to shore up four major issues:
Inadequate Protection for Tributaries and Groundwater
Current Ohio law (Ohio Revised Code Section 1522.07(B)(2) ) requires that both Lake Erie and its tributaries be protected from large water uses. This Compact bill, however, repeals the current law.
Instead, the new bill extends protections only if the entire Lake Erie basin is threatened by a proposed water withdrawal-but not if individual tributaries or groundwater sources may suffer a significant negative impact. The Compact and current Ohio law require that tributaries be protected from any water withdrawal or use that may cause significant harm.
Unprecedented Limitation on the Right of Aggrieved Citizens to Appeal a Permit
In an unprecedented move, the bill would thwart the ability of anglers, boaters and other recreational water users to appeal a water withdrawal or water use decision that may negatively impact their ability to enjoy Ohio's natural resources. Under the bill, only industrial facility owners applying for a permit or those who can prove injury to a direct economic or property interest could appeal a permit decision.
The bill effectively bars recreational fishers, boaters, and swimmers from appealing a permit that may decrease water levels and fish populations or result in increased toxic algal blooms. Limiting historic appeal rights long protected for all water users and instead reserving these rights only for those persons with a vested economic interest is an outright abandonment of Ohio's public trust responsibility and a radical move toward privatizing Ohio's water and natural resources.
90-Day Averaging of Water Withdrawals
The bill measures water withdrawals and consumptive uses based on an average over a 90-day period as opposed to a "per day" measure. This opens the door for mining and other extractive activities, including oil and gas fracking operations, to withdraw and/or consume quantities of water in excess of permit thresholds without having to obtain a permit. This could occur, for example, if a facility withdrew or consumed 6 million gallons of water in a single day and did not withdraw or consume any additional water over the remainder of the 90-day period. When the 6 million gallons is averaged over 90 days, it would not trigger the bill's proposed gallons-per-day permit thresholds. Fish and other wildlife do not live in a mean amount of water.
Experimental Permits
The OEC applauds the concept of experimental permits, which could encourage the development of new water conservation technology. A few revisions, however, are needed to close potential loopholes and give businesses certainty, while also protecting Lake Erie and its tributaries and encouraging technological advancement.
As the legislation currently is written, water users do not have to meet all the provisions of the decision-making standard within the Compact, particularly the "no significant impact" provision. This provision is required, however, if a permitee wanted to pursue using the technology under the new or increased water withdrawal and consumptive use regulatory program. In addition, the legislation does not outline how many times a water user could apply for an experimental permit.
Lake Erie is a precious resource that is vital to people, wildlife, and jobs. Lake Erie supplies drinking water to 11 million people, 3 million of whom live in Ohio, and supports 1 out of every 10 jobs in seven counties bordering Ohio's Lake Erie coastline. Tourism and travel in the Lake Erie basin generates $10.1 billion annually to the Ohio economy and supplies $1.4 billion in federal, state and local taxes.
The Great Lakes-St. Lawrence River Basin Water Resources Compact is a binding agreement between the eight Great Lakes states that restricts water from being exported or withdrawn from the Great lakes drainage basin and requires minimum standards for how water will be managed within the basin. Ohio has until December 2013 to adopt and implement legislation that employs the Compact's water management provisions.
In 2011 the legislature passed a Great Lakes Compact bill that violated the Compact and gave a green light to industrial facilities to withdraw millions of gallons of water from Lake Erie and inland waterways that drain to it without government oversight.
"We look forward to working with the Governor and the General Assembly to ensure the legislation fully complies with the Compact, doesn't roll back current Ohio law, and guarantees that anglers and boaters can continue to enjoy Lake Erie and its connected waters for centuries to come. It is critically important that Ohio gets this right. We call on the General Assembly to take action to address the remaining issues in this bill," said Meyer.
The mission of the Ohio Environmental Council (OEC) is to secure healthy air, land, and water for all who call Ohio home. The OEC is Ohio's leading advocate for fresh air, clean water, and sustainable land use. The OEC has a 40-year history of innovation, pragmatism, and success. Using legislative initiatives, legal action, scientific principles, and statewide partnerships, the OEC secures a healthier environment for Ohio's families and communities.
Source: http://www.theoec.org/PressReleases/PR_RevisedCompact_3-8-12.htm
Columbus, OH - A revised bill to implement the Great Lakes Compact was introduced unexpectedly in the Ohio House of Representatives, yesterday.
Representative Lynn Wachtmann (R-Napoleon) introduced House Bill 473, following months of negotiations by Governor Kasich's staff with Wachtmann and industry and environmental leaders. Wachtmann had sponsored a previous Compact bill that Governor Kasich vetoed last July.
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The Kasich administration had been working with the House to craft a new bill since the Governor vetoed an overly industry-friendly bill approved mostly along party-lines by the General Assembly last year.
The bill was opposed by former Governors Bob Taft and George Voinovich, the governors of Michigan and New York, and environmental and conservation groups.
While the new bill is much improved, Governor Kasich's staff has signaled publicly that the bill's introduction was unexpected and that several important issues remain unresolved.
Sportsmen and conservation groups see the renewed debate as a second chance for Ohio to fully protect Lake Erie and the tributaries and ground water that feed the Lake from unsustainable water withdrawals and consumptive uses by stone and mineral mining and other industrial activities.
Conservation groups credit Governor Kasich and the Ohio DNR for achieving substantial improvements in the new bill, including:
- Significantly reduced limits on the amount of water an industrial operation may withdraw or use before triggering a permit;
- Strengthened protections for high-quality streams;
- Empowering Ohio DNR regulators to develop rules to enforce the Compact;
- Added checks and balances to ensure that permit requirements are followed; and
- Grounding in science the management of Ohio's Lake Erie basin water.
The OEC and its environmental-conservation allies are urging the General Assembly to shore up four major issues:
Inadequate Protection for Tributaries and Groundwater
Current Ohio law (Ohio Revised Code Section 1522.07(B)(2) ) requires that both Lake Erie and its tributaries be protected from large water uses. This Compact bill, however, repeals the current law.
Instead, the new bill extends protections only if the entire Lake Erie basin is threatened by a proposed water withdrawal-but not if individual tributaries or groundwater sources may suffer a significant negative impact. The Compact and current Ohio law require that tributaries be protected from any water withdrawal or use that may cause significant harm.
Unprecedented Limitation on the Right of Aggrieved Citizens to Appeal a Permit
In an unprecedented move, the bill would thwart the ability of anglers, boaters and other recreational water users to appeal a water withdrawal or water use decision that may negatively impact their ability to enjoy Ohio's natural resources. Under the bill, only industrial facility owners applying for a permit or those who can prove injury to a direct economic or property interest could appeal a permit decision.
The bill effectively bars recreational fishers, boaters, and swimmers from appealing a permit that may decrease water levels and fish populations or result in increased toxic algal blooms. Limiting historic appeal rights long protected for all water users and instead reserving these rights only for those persons with a vested economic interest is an outright abandonment of Ohio's public trust responsibility and a radical move toward privatizing Ohio's water and natural resources.
90-Day Averaging of Water Withdrawals
The bill measures water withdrawals and consumptive uses based on an average over a 90-day period as opposed to a "per day" measure. This opens the door for mining and other extractive activities, including oil and gas fracking operations, to withdraw and/or consume quantities of water in excess of permit thresholds without having to obtain a permit. This could occur, for example, if a facility withdrew or consumed 6 million gallons of water in a single day and did not withdraw or consume any additional water over the remainder of the 90-day period. When the 6 million gallons is averaged over 90 days, it would not trigger the bill's proposed gallons-per-day permit thresholds. Fish and other wildlife do not live in a mean amount of water.
Experimental Permits
The OEC applauds the concept of experimental permits, which could encourage the development of new water conservation technology. A few revisions, however, are needed to close potential loopholes and give businesses certainty, while also protecting Lake Erie and its tributaries and encouraging technological advancement.
As the legislation currently is written, water users do not have to meet all the provisions of the decision-making standard within the Compact, particularly the "no significant impact" provision. This provision is required, however, if a permitee wanted to pursue using the technology under the new or increased water withdrawal and consumptive use regulatory program. In addition, the legislation does not outline how many times a water user could apply for an experimental permit.
Lake Erie is a precious resource that is vital to people, wildlife, and jobs. Lake Erie supplies drinking water to 11 million people, 3 million of whom live in Ohio, and supports 1 out of every 10 jobs in seven counties bordering Ohio's Lake Erie coastline. Tourism and travel in the Lake Erie basin generates $10.1 billion annually to the Ohio economy and supplies $1.4 billion in federal, state and local taxes.
The Great Lakes-St. Lawrence River Basin Water Resources Compact is a binding agreement between the eight Great Lakes states that restricts water from being exported or withdrawn from the Great lakes drainage basin and requires minimum standards for how water will be managed within the basin. Ohio has until December 2013 to adopt and implement legislation that employs the Compact's water management provisions.
In 2011 the legislature passed a Great Lakes Compact bill that violated the Compact and gave a green light to industrial facilities to withdraw millions of gallons of water from Lake Erie and inland waterways that drain to it without government oversight.
"We look forward to working with the Governor and the General Assembly to ensure the legislation fully complies with the Compact, doesn't roll back current Ohio law, and guarantees that anglers and boaters can continue to enjoy Lake Erie and its connected waters for centuries to come. It is critically important that Ohio gets this right. We call on the General Assembly to take action to address the remaining issues in this bill," said Meyer.
Source: http://www.theoec.org/PressReleases/PR_RevisedCompact_3-8-12.htm
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