White Paper - - - Water Resources Policy

Statement of the Issue

There is no comprehensive system to plan for and manage Virginia's water resources. In addition to existing public water supplies and industrial users, the proliferation of power plants and development activities that plan to withdraw water from our rivers, and other sources of surface and groundwater around the state, is a significant concern. Most of these demands are highly consumptive of water resources that are already stretched.

In response to this lack of a comprehensive water resources planning effort, SB 1221 passed in 2003 identified the need for a state, regional and local water planning process. A Technical Advisory Committee has been established and is addressing a number of issues, including: the need for additional data on groundwater and surface water; projecting the quantity and sources of water needed for future use; the role of the state in managing water resources; increasing efficiencies of existing sources and systems; water conservation and demand reduction; inter-basin transfers; and protection of in-stream flows and beneficial uses.

While this process has begun, adoption of a State Water Resources Plan and local and regional water supply plans may take several years. The basic framework for a comprehensive state water resources plan is targeted to be completed in draft form in the summer of 2004 and draft regulations for local and regional water supply plans are targeted to be ready at the end of 2004. The work that is now underway should continue without interference.

Background

Governor Warner has identified safe drinking water as a top priority for his administration. During the recent drought, several communities came close to running out of water, and the Governor issued two Executive Orders related to water conservation and water policy.

There are several disparate provisions in Virginia statutes and administrative codes which pertain to water resources and water supply. The Virginia Department of Health (VDH) requires that when a public water supply reaches 80% of its capacity during any consecutive three month period, expansion of the waterworks should be planned. VDH permits the building of a water supply utility, but the State Water Control Board (SWCB) and the Department of Environmental Quality (DEQ) regulate other aspects of water withdrawals. For example, DEQ administers the Virginia Water Protection Permit requiring that any water withdrawal project needing § 401 certification, under the Clean Water Act, obtain a state permit that establishes a minimum in-stream flow. Among the matters considered in permit issuance are the preservation of in-stream flows for "protection of navigation, maintenance of waste assimilation capacity, the protection of fish and wildlife resources and habitat, recreation, cultural, and aesthetic values." Va Code § 62.1-44.15:5(C).

In addition, the State Water Control Board requires, by regulation, annual reports from any user who withdraws 10,000 gallons per day; the report must include source, estimated average and maximum daily withdrawals, and volume of wastewater discharge. Agricultural water users need to report only if the withdrawal is for crop irrigation and exceeds one million gallons in any single month. (Va. Code § 62.1-44.38). The SWCB also may establish Surface Water Management Areas (SWMAs) on stream segments that have historically experienced low flows, to help plan for the use of surface water and protection of in-stream flows in a given geographical area. However, no SWMAs have been designated since the law was passed in 1989. The process to establish the first SWMA for the James River from Richmond to Goochland has been underway for several years. (Va. Code § 62.1-246 – 247)

Under the Groundwater Management Act, the State Water Control Board has established two Ground Water Management Areas, for the Eastern Shore and southeastern Virginia. In those areas, any entities that withdraw 300,000 gallons per month or more must apply for a permit. (Va Code § 62.1-256-258)

There is clearly a need for a comprehensive water resources and water supply planning program as envisioned and described in SB 1221 (2003 Session).

Recommendations

Virginian’s should continue to support the effort initiated in SB 1221 (2003 Session) to establish a State Water Resources Plan and regulations for local and regional water supply plans that protect in-stream uses, require increased efficiencies in water supply systems, promote water conservation, analyze alternatives, and provide adequate water supplies based on credible demand projections.

In the current (TAC) planning process, the relationship between water quantity and water quality should also be recognized, as well as the impacts of land uses on water resources. Water resource planning should be integrated into local comprehensive and land use plans, to address impacts on surface water quality and groundwater recharge areas.

Other approaches to protecting our water resources should include watershed-based management plans for conservation and allocation of water resources, including protection of in-stream uses and comprehensive water conservation planning should be carried out at the state and local level.

Any activities that would usurp, compromise, or affect the work being carried out under the auspices of SB 1221 should be opposed by the conservation community. Also, any legislative proposals that would affect the permitting and project approval process should not be filed until the work under SB 1221 is completed and, if filed, should be rejected.

Contact:
Patti Jackson, James River Association, 804-730-2898 pjackson@jamesriverassociation.org
Chris Miller, Piedmont Environmental Council, 540-347-2334, cmiller@pecva.org
November 2003