Draft framework for water rules issued

A state advisory committee has presented a draft framework for amending Water Management Act regulations that could have an impact on most, if not all, of the state’s cities and towns.

On Feb. 3, the Executive Office of Energy and Environmental Affairs reconvened the Sustainable Water Management Initiative’s advisory committee to present the draft. The MMA has expressed concerns that the agency’s framework applies solely to permitting under the Water Management Act and may not address the full range of environmental challenges facing the state.

The Sustainable Water Management Initiative was established in December 2009 as a means of bringing together water suppliers and river advocates to develop a water allocation plan. But after a year of meetings, the 65-member stakeholder group could not reach a consensus.

The draft framework attempts to create a more predictable permitting process by evaluating feasibility and cost, and by allowing for increased withdrawals if they are mitigated. But the MMA and water suppliers have expressed concerns that the framework places too much emphasis on how water withdrawals impact the fish population, while de-emphasizing the impact of impervious cover, dams, and nutrient pollutants on water quality.

The MMA is also concerned that the costs of implementing the framework would constitute an unfunded mandate borne almost exclusively by ratepayers and taxpayers, and that cities and towns already lack the resources to maintain public health, safety and aging infrastructure. By limiting water withdrawal, the draft framework would reduce revenue and impose more costs on water suppliers through more stringent regulations.

The framework could include changes to Water Management Act permitting, such as a new definition of “safe yield,” new biological categorizations, and making water withdrawals based on new stream-flow criteria.

In January, the membership of the MMA approved a resolution opposing unfunded mandates on cities and towns. The MMA is also supporting three bills related to the health of lakes, rivers and streams. Senate 1985 would provide $17 million for the repair and removal of dams. House 3027 would limit the amount of phosphorus in fertilizers. And Senate 1055 would allow communities to charge developers a reasonable fee to establish a fund to maintain local water infrastructure.

The MMA will be submitting comments on the draft framework to the Executive Office of Energy and Environmental Affairs. Once the draft framework is finalized, the office will draft amendments to the Water Management Act, followed by a public comment period.

The next meeting of the Sustainable Water Management Initiative will be held on March 6, 1:30-4:30 p.m., in the 2nd floor conference room at 100 Cambridge Street in Boston.

For more information, visit the Executive Office of Energy and Environmental Affairs website (www.mass.gov/eea/air-water-climate-change/preserving-water-resources/sustainable-water-management).