KEEP OUR TOWNS BLUE!
Protect our watershed's water resources

Breaking News!
Updated on May 26, 2006

Senate Budget Amendment Seeks Study on DEP’S Water Withdrawal Policy

On May 25, 2006 the State Senate adopted a budget amendment that would require the formation of a “blue ribbon” commission headed by the Secretary of the Office of Commonwealth Development to study the effectiveness of the Department of Environmental Protection’s (DEP) Water Management Act Policy (Policy) and to report back by December 31, 2006.  While this Commission is unnecessary and duplicative of an existing DEP water resources advisory committee on which CRWA sits, the amendment originally sought by the Massachusetts Water Works Association (MWWA) would have been far worse: it would have suspended the Policy, which governs large water withdrawals, effectively gutting the strides DEP has made over the past several years to properly implement the Act and to protect streamflows.  CRWA and other environmental groups around the state worked hard to prevent the MWWA amendment from being filed.  CRWA will continue to work to defeat this amendment, which now moves to a Senate-House of Representatives conference committee for further consideration. 

Previous News From May 19, 2006

Potential State Senate Budget Amendment Could Seek to Limit DEP's Authority to Implement Water Management Act

Late last week, CRWA learned of a concerted effort by the Massachusetts Water Works Association, the trade group for water suppliers, and the Massachusetts Municipal Association, to get the legislature to freeze DEP funding for implementing its Water Management Act Policy, and to create a “blue ribbon” commission to study the science of water withdrawals on low streamflow, and the impacts of water conservation measures on municipal revenues.  DEP’s 2004 Policy includes reasonable and achievable water conservation requirements, particularly aimed at eliminating nonessential outdoor water use particularly in the summer when streamflows are already low.      

Recognizing that water conservation and changing water use habits will take time, DEP formulated Guidance to its Policy after receiving extensive input from water suppliers.  Under the Guidance, communities have two full calendar years (2009 for permits reissued in 2006) to meet the performance standards for residential water use and unaccounted for water.  Even then, under the Guidance, so long as a community is making reasonable progress towards meeting the standards, DEP will exercise “enforcement forbearance” through the five-year permit review, or re-issuance period, giving communities a safe harbor from enforcement.  In other words, as long as a community is making progress, it has five years to achieve the standards, and two-thirds of communities in Massachusetts already meet them.  DEP also eliminated the Policy’s overall seasonal limit on withdrawals in the Guidance.  

The Guidance already gives communities a generous amount of time to comply with the conservation requirements.  Therefore, the campaign by water suppliers to, in effect, gut the Policy by putting it on hold and creating paralysis by analysis concerns CRWA greatly.  CRWA drafted a response to the Mass. Water Works Association’s white paper.  Click here to view a summary of CRWA’s response and click here to read CRWA's white paper on the impacts of the engineered water cycle.  We also sent out a cover letter with our response to all State Senators.  Click here to read CRWA’s letter to Senators. 

We have also met with Senate aides to explain why it is important for the long-term sustainability of our water resources to move forward now with the Policy and DEP’s conservation measures.  CRWA has also met with other environmental groups to develop a strategy if a budget amendment is in fact filed.   All amendments must be filed by 5:00 p.m. today.  We will update our website on Monday, May 22nd with additional information on this important issue.  Please visit us then!

Background Information
Posted on February 2006

CRWA has been pushing the MA Department of Environmental Protection to protect the Charles River and incorporate the conservation conditions in the Charles WMA permits needed to ensure the Charles can be restored to a healthy streamflow.  DEP responded with a statewide WMA Policy basically mirroring the Ipswich permits and requiring offsets for increased withdrawal volumes.  

Once DEP began the five-year reviews of the Charles permits and the water suppliers understood for the first time that summertime use would be curtailed, there was a backlash by the suppliers.  They falsely labeled the science on withdrawal impacts “junk science” and called DEP’s actions “outrageous.”  Suppliers went to their legislators attacking DEPs’ Policy.  In response to heavy legislative pressure, DEP developed “guidance” to the Policy, giving suppliers a longer time to comply with the standar ds and enforcement forbearance.   In October, the Natural Resources Committee held a standing room-only legislative oversight hearing on the Policy. 

The Guidance was finally issued last week and the Charles permits will be the first issued under the Policy. 

We expect to see the following in the permits, with minor adjustments for individual towns:

• Requirement of 65 residential gallons per capita day use;
• No more than 10% unaccounted for water (meaning towns will have to tighten up their water delivery systems);
• Restrictions on nonessential outdoor watering (primarily, lawn and landscape watering); and   
• Performance of an offset feasibility study when a town’s withdrawals exceed a  “baseline” with implementation thereafter.   

For more information, read the MA Department of Environmental Protection's Final Guidance and Policy on the Water Management Act