News & Observer | newsobserver.com | Control of water by state at issue

Published: Jun 12, 2008 12:30 AM
Modified: Jun 12, 2008 05:07 AM

Control of water by state at issue

Cities, farmers wary of proposals

 

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READ THE BILLS

There are two version of the bill in question, one in the Senate and one in the House. To see them for yourself, go to www.ncga.state.nc.us/gascripts/ BillLookUp/BillLookUp.pl and type in H2499 or S1879.

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If only Conservin' Irvin, the state's water conservation mascot, had a lobbyist.

Legislators meeting just months after the worst recorded drought in state history have yet to publicly debate proposals made by the administration of Gov. Mike Easley to give the state a greater role in local water conservation.

Cities, towns and farm interests have protested some of the proposal's main features. Private water companies have asked for changes.

Significant disagreements and the short time left to resolve them had Rep. Lucy Allen, a Democratic co-chairwoman of the House committee handling the bill, tamping down expectations for major changes this year. Besides, she said, some of the proposals overlap with issues that will be addressed in a study of North Carolina's water resources that is due to the legislature next year or in 2010.

"There are some very controversial parts of this bill," Allen said.

"I don't know how much we can accomplish," she said, other than to "identify what can be the low-hanging fruit first."

Lobbyists with an interest in the proposal will begin meeting today with the legislature's lead staff person on environmental issues to try to work out a compromise that legislators may vote on before they quit work this summer.

Under the proposal by Easley and the state Department of Environment and Natural Resources, a state commission would set minimum conservation requirements during droughts. In a drought emergency, the state could require water systems with enough supply to send water to places with shortages.

Environmentalists hope that fresh memories of water emergencies, brown lawns and dry lakes will be enough for the legislature to take a strong stand on water conservation.

"If we have not learned from a drought as severe as this one that we need to get our house in order, it's hard to imagine what it would take," said Molly Diggins, director of the Sierra Club's state chapter.

Dan Crawford, a lobbyist for the Conservation Council of North Carolina, said he was worried about the proposals being watered down.

"Historically, the idea of drought legislation is doing a rain dance," he said. "Somebody's got to make some adult decisions to get some stuff done now."

The N.C. League of Municipalities does not like the sections that would have the state make decisions in place of local governments.

"The local officials are in the best position to judge local needs and capabilities," said Ellis Hankins, the league's executive director. "The General Assembly ought to be careful, and is being careful, about allowing state agency officials to come in and make unilateral decisions."

While the league supports a proposal requiring farmers to register their water use if it exceeds 100,000 gallons a day, the N.C. Farm Bureau doesn't want it. The current reporting threshold for agricultural uses is 1 million gallons a day.

In its June newsletter, Farm Bureau president Larry Wooten warned of "a slippery slope toward the further erosion of water rights."

Robin Smith, DENR's assistant secretary for the environment, said that setting minimum standards would not remove local control. Cities and towns still would be able to do more than the minimum, she said.

Experiences with the last drought showed confusion among water users about what restrictions they should follow, Smith said. Neighboring towns don't have to have similar conservation rules, even if they experience the same level of drought.

"The idea is to have minimum measures consistent across the state," she said.

George F. Givens, a legislative analyst who handles environmental bills, will oversee a meeting today for interested parties to discuss a possible compromise.

"Ultimately, there's a finite amount of water and we can't make it rain," Givens said. "I think thoughtful people know the problem is not going away."

lynn.bonner@newsobserver.com or (919) 829-4821
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