Water Resources Management for the 21st Century

By Senator Ray Musto

Water is one of our most vital resources. It becomes even more so with an increase in the frequency and severity of droughts in the United States and throughout the world. States and countries are reaching the limits of their available water supplies. Recent reports show that by 2015, at least 40 percent of the world’s population will have difficulty getting enough water to satisfy basic needs.

On December 16, Governor Schwieker signed into law Act 220 of 2002, which is Pennsylvania’s "Water Resources Planning Act." For the first time in more than 30 years, Pennsylvania will comprehensively inventory its water sources.

Over my legislative career, I have been involved in crafting major environmental laws that addressed waste management and recycling, environmental infrastructure, air pollution, and land recycling. The one gap in Pennsylvania’s environmental program has always been water resources management. That is why I was so pleased to be involved in the enactment of this legislation and to see the Governor sign the "Water Resources Planning Act."

A primary goal of the act is to create a state water plan. Once completed, the plan will provide up-to-date information on water availability in Pennsylvania. The plan will also enable us to assess and project future water use and demand on a watershed basis.

With proper planning, Pennsylvania’s water resources can serve many uses in a balanced fashion. These many uses include agriculture, recreation, energy production, public water supply, fish and wildlife habitat, and industrial and commercial uses. All these uses will be evaluated and accommodated in a new state water plan. In areas where the various demands for water are projected to exceed supplies, "critical area resource plans" will be developed.

"Planning" is the word to emphasize in this new law. Under the act, six regional water resource committees, a statewide water resource committee and the Department of Environmental Protection will work together to develop a state water plan. These committees will represent a cross-section of water users. Representatives of agriculture water suppliers, industrial users, environmental and conservation groups, local governments, and water management professionals will be sitting on the committees.

The process for creating the state water plan is intended to be a collaborative process. The expertise that will sit on the regional and statewide committees will be an invaluable part of that process. The committees and the Department of Environmental Protection will be involved in the development of policies that will ultimately lead to the development of the state water plan. Having the various water planning committees integrally involved will ensure that issues that come up during the planning process will be given due consideration before the state water plan is approved.

To help gather the data that will be necessary for the plan, the act provides for the registration of major water withdrawals. Soon, each person whose total withdrawal of water exceeds an average rate of 10,000 gallons a day in a 30-day period shall register the amount, source, and location of the withdrawal. The 10,000-gallon per day registration requirement is consistent with the existing programs of the Delaware and Susquehanna River Basin commissions. In an effort to get as complete a picture as possible on water use and demand, all water users who meet this threshold must abide by the registration and reporting requirements. There are no exceptions.

Even with the new water use registration and reporting provisions contained in the act, it is important to keep in mind that the legislation is more a planning document and not a regulatory program. The act does not establish any new water allocation or water withdrawal permitting requirements. Nor does it regulate individual homeowner wells.

Water conservation is another important element in the legislation. The new act will require the Department of Environmental Protection to set up a "Water Resources Technical Assistance Center." The center will promote water conservation and provide technical assistance on water use issues, including methods for efficient water use; reducing the amount of unaccounted for water loss; and the replenishment and conservation of water resources. Another function of the center will be to establish a voluntary statewide water conservation program for all water users.

Water is a statewide resource. That is why I advocated a strong state role in the management of the resource during the development of the legislation. While local governments play an important role in the delivery of water services, a comprehensive approach to the management of the resource demands that the state take the leading role in this area. Local government’s existing powers as they relate to water resources are clearly protected in the new state law but the overarching planning and management functions will be at the state level.

Everyone knows that water quantity and quality are interwoven. Water quantity can affect quality and vice versa. The " Water Resources Planning Act" is clearly oriented to water quantity. Therefore, water quality is not directly addressed in the legislation because Pennsylvania already has strong laws to protect water quality. To make that clear, the "Water Resources Planning Act" has language that says that the enforcement of Pennsylvania’s Clean Streams Law will not be diminished in any way.

With the passage of the "Water Resources Planning Act", Pennsylvania is on its way to effectively managing its water resources. I am optimistic that in five years, when the plan is to be completed, Pennsylvania will have a document that will guide the future of this important resource.

February 5, 2003