Drought bill has power in it

State could order water restrictions under compromise measure

RALEIGH -- State officials could order water users across North Carolina to conserve in times of drought under a bill moving through the legislature.

The bill, spurred by an ongoing drought that is the worst in state history, is a compromise among lawmakers, the governor's office and local governments. Farm and environmental interests said Tuesday they support the new version. Competing demands threatened to halt the measure.

The bill, which cleared a House committee Tuesday and could go before the full House today, gives the state the power to order water restrictions. But the specifics -- who must conserve and how much -- are left to individual water systems.

Supporters say that's a good compromise that gives the state officials more power than just encouraging people to take shorter showers. Under current law, the state has little direct authority unless a water shortage becomes a threat to life or property.

"The most important result of all of this is we now have an intermediate remedy available," said Franklin Freeman, a senior adviser to Gov. Mike Easley. "We had a number of localities that were liberal in their views of water in a time of drought."

Under the bill, water systems would have to file drought conservation plans with the state Department of Environment and Natural Resources. The department could reject inadequate plans.

When drought conditions become serious, the department would have the authority to order water systems to implement their plans. If conservation doesn't save enough water, the state could then order the water system to go to a more severe level of restrictions.

"One thing we learned from the last drought, if we want to have a strong effect we have to start early and be firm all the way through," said Alan Hirsch, Easley's policy director.

Allowing local systems to design their own plans eased opposition from local governments, said Kimberly Hibbard, associate general counsel with the N.C. League of Municipalities, which represents 542 cities, towns and villages across the state.

"That was our concern -- local autonomy -- and making sure that the very specific unique characteristics of each local system were being taken into account," Hibbard said.

Raleigh Mayor Charles Meeker said Tuesday he wasn't familiar with the draft that cleared the House Environment and Natural Resources committee. But he noted that Raleigh has some of the toughest water conservation rules in the state and will adhere to any requirements adopted by the state.

The legislative session is nearing an end, and the compromise came together quickly, said Rep. Lucy Allen, a Louisburg Democrat who is one of the primary sponsors of the bill. Negotiators were working on the bill as late as 3 a.m. Tuesday.

"I am very pleased with the process," Allen said. "The legislation really evolved. I think it's better than it was when it started out."

(Staff writer David Bracken contributed to this report.)