Eastern Water: Recomendations

The patchwork of policies and laws that currently governs water withdrawals in New England does not protect the region’s water resources. As the population continues to expand into rural and other low-density areas, pressure on small streams and their aquatic populations will only increase. In order to both provide drinking water resources for these communities and maintain the rivers and streams that support our quality of life, each of the New England states must reconsider its approach to surface water and groundwater withdrawals. The recommendations below provide guidance for a common path forward to sustain our communities and our waterways into the future.

1. Permitting Statutes

Each of the New England states should adopt new, or modernize existing, laws and policies that govern how water is used. Specifically:

• Groundwater and surface water withdrawals should be addressed in a single statute and given the same level of analysis and scrutiny.
• A reasonable timetable should be established for bringing all existing or exempted diversions into compliance with new laws and regulations.
• Permits should be appropriately flexible to respond to seasonal demand and supply differences, especially in hot summer months.
• Permitting decisions should be based on modern, scientifically-based streamflow standards.
• Every statute should regulate interbasin transfers of water, taking into account the effects on both the donor basin and the receiving basin. Transfers should be approved only after all other available measures - including water conservation - have been implemented and appropriate streamflow levels are assured.
• States should apply sensible allocation frameworks that prioritize essential uses such as supplying drinking water and protecting stream ecology.

2. Streamflow Standards

States should adopt meaningful streamflow standards that protect aquatic life. These standards should be based on the natural variation in stream flows.

3. Information

States should collect better data regarding the size and capacity of aquifers, water withdrawal rates, projected demand, and stream habitat. States should develop comprehensive databases and maps regarding existing groundwater and surface water sources. More streamflow gauges should be installed to provide information to support the development of more protective streamflow standards.

4. Local Development Decisions

States should work with towns to ensure that local development decisions consider effects on watershed health. Local officials should coordinate with state water planning agencies to consider impacts of water use, wastewater disposal and effect of new imperviousness on streamflows.

5. Water Conservation

Each of the New England states should adopt a comprehensive program to create incentives or mandate water conservation by users and delivery efficiency by suppliers. Programs might include:

• Encouraging construction or acquisition of additional storage facilities.
• Limiting leakage in transmission pipes and unmetered water to no more than a 10% loss.
• Establishing reasonable caps on per-day residential water use.
• Establishing streamflow thresholds that trigger mandatory limits on nonessential outdoor water use, including lawn watering and irrigation.
• Implementing a water conservation pricing structure and billing program.
• Other water conservation activities such as leak detection programs, increased education and recycling of gray water.

6. Absolute Ownership

The common law of absolute ownership – which allows a landowner to withdraw the groundwater below his property, regardless of the impact on other water users or surface flows – should be overturned by statute in those states where it remains in effect.