WVEC Action Alerts

January 8, 2004

ACTION: Public Hearing
Monday, January 12, 2004 - 6:00 PM to 8:00 PM
House Chamber
TOPIC: Water Quantity Legislation

A special Select Interim Legislative Committee On Water will hold a public hearing on the committee's proposed "water quantity" bill on Monday, January 12, 6:00 PM to 8:00 PM in the House Chamber. We need to get as many folks as we can to speak in support of the committee's effort to enact a strong "water quantity" bill which acknowledges that WV's water resources belong to the citizens of the state and provides a mechanism for long-term "planning" to assess and protect those resources.

The proposed legislation would establish that "the state's water resources are a vital natural resource of the state that are essential to maintain, preserve and promote quality of life and economic vitality of the state," and "that it is the public policy of the state of West Virginia to protect and conserve the water resources for the citizens of the state and to provide for the public welfare."

The legislation also provides "that it is the public policy of the state that the waters of the state be available for the benefit of the citizens of West Virginia, consistent with and preserving common law, while also preserving this resource within its sovereign powers for the common benefit for all citizens of the state of West Virginia."

Background:

West Virginia is one of only two states east of the Mississippi that does not have regulations establishing ownership of state waters and the use of those waters. This is a huge issue involving the acquisition of WV water supplies by out of state or even multi-national corporations. It is both a trade issue and a resource use issue. It is a matter of protecting the state's growing bottled-water industry, and adequate supplies for agriculture, recreational users and community drinking water.

An attempt by Senator John Unger to pass water quantity legislation was defeated on the last night of the 2003 Session. However, a special committee, chaired by Sen. Unger and Delegate Nancy Houston, was formed to deal with the matter during the 2003 Interims. Members of the environmental community have been serving on the committee's work group that is developing this proposed legislation for the 2004 Session.

The committee's proposed bill does three things: first, it establishes that the waters of West Virginia are owned by the citizens of the state and requires the state to protect and conserve those waters for the use of all citizens of the state; second, it sets up a survey to quantify existing water use and identify potential resource problems; and third it establishes the potential for a long-term planning process to assess means to protect our resources. The strength of each of these components is critical to the fundamental intent of the bill.

Our Message: While it is true that some of the reporting and registration components of the original draft of this bill have been watered down by industry special interest groups, the committee's proposed bill still contains strong language which acknowledges that WV's water resources belong to the citizens of the state and provides a mechanism for long-term "planning" to assess and protect those resources. We support the committee's bill, as long as it is not weakened further. (Reminder: it is important that we NOT link this water QUANTITY bill to other water QUALITY issues. Opponents will kill this bill if that linkage is made.)

A healthy turnout at this public hearing is needed in order to rev up support for this legislation. Everyone who enjoys the beneficial uses of West Virginia's now abundant water supplies should attend and speak at the hearing. We especially urge people to attend who have lost their water to folks who drain their springs or streams and people whose livelihoods depend on a steady supply of water (tourism, agriculture, and specialty industries).

All of our neighboring states have programs and policies in place to protect their water resources from disappearing. We need to join them.

We hope to see you at the public hearing, Monday, January 12.

Contacts for information on this issue:
Don Garvin, WVEC, 472-8716, DSGJR@aol.com 
Conni Lewis, WVEC, 543-5811, connigl@aol.com 
Liz Garland, WVRC, 637-7201, lgarland@wvrivers.org 

NOTE ABOUT WVEC ACTION ALERTS: We know you receive a lot of email, so it is the policy of the West Virginia Environmental Council to send you our Action Alerts only when the issues are truly important and only when there is specific important action you can take to help.

Thanks for your help and support.

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