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Review and Recommendations Regarding Ground Water Regulations
Major Issues Discussed
Agency coordination
A discussion point at several meetings was the perception that agency personnel involved in regulating water withdrawals lack coordination. Depending on the particular activity, one or more agencies may be involved in the review process. Also, depending on the location, either DEP or LURC jurisdiction, different approaches to regulation might be employed. In the case of the Bulk Water Transport Law, three different agencies are involved in reviewing applications. While there is no formal visible mechanism, state agency staff involved with ground water withdrawals communicate with one another frequently on individual applications and with more general discussions. Furthermore, through the legislative process that set up this group, the state agencies were directed to standardize their requests for information from applicants under the different regulations. This process was accomplished (see the January 2006 report).
Multiple jurisdictions
The State and towns have overlapping interests in water withdrawals. Towns want to be in control of resources within their boundaries, but often do not have the technical expertise to address ground water withdrawal issues. LURC acts as the town regulatory body in the unorganized territory. Furthermore, since aquifer boundaries often cross town lines, multiple towns may be involved in a particular water withdrawal issue, but without opportunities for equal representation in a local process. Local ordinances are unevenly developed around the state.
Regulatory vs. voluntary approaches
Some participants held the view that regulatory controls on water withdrawals are substantial and more focus should be given to voluntary approaches. It is in the best interest of those activities dependent on significant water withdrawals that they be done in a sustainable fashion. Further, large users are often the best stewards of the water resource, so incentives and other mechanisms that help with landowner stewardship should be part of the solution.
Relationship to flow rules
The state agencies have been discussing for several years the rules intended to protect flows required for in-stream habitats. The group reviewed how the proposed in-stream flow requirements would affect ground water withdrawals. The group acknowledged that once flow rules are finalized these rules will also protect flows from excessive ground water withdrawals.
Watershed focus
Early in the discussions of approaches to ground water management, the group agreed on the need to focus at the watershed level. The watershed is a logical unit for addressing water issues. It is possible in a general way to consider water supply and water use on a watershed level to get some idea as to where water use approaches some critical percentage of available resource. In order to accomplish this, it is necessary to consider all water uses, both surface and ground water, since these are really different, interconnected portions of the same resource.
Introduction Meetings Issues Tabled Items Risk Analysis Recommendations Costs Appendices
Last updated on February 5, 2007