Legislative Action

US: Key House panel approves groundwater bill

Posted: April 23, 2008

Boston Globe.

MONTPELIER, Vt.—A key House committee has unanimously approved a bill that would create a new permit system and legal requirements governing the taking of large amounts of groundwater.

more stories like thisApproval Monday by the House Fish, Wildlife and Natural Resources Committee sets the stage for a vote by the full House later this week on a measure already passed by the Senate and long sought by environmental groups.

The bill comes amid growing concern about groundwater withdrawals by bottled water companies and other large users possibly drying up water supplies for nearby homeowners.

It would establish a new legal doctrine that water in underground aquifers is a public trust -- to be used for the benefit of all Vermonters. Such a standard already applies to the state's lakes, ponds and rivers.

A public trust means "the state, on behalf of the people, will manage and protect it for all of the people," said Rep. David Deen, D-Westminster, chairman of the House committee.

Farmers, bottled water companies and golf courses have been among the interest groups eyeing the measure warily. Changes have been made, including giving preference to farms and homes for water withdrawals.

The House version is an improvement over the one passed by the Senate, said William Driscoll, vice president of Associated Industries of Vermont.

"It addresses a lot of our concerns but not all of them," he said. One concern is the expense of the permitting process, he said.

The bill calls for state permitting of water withdrawals of more than 40 gallons a minute, or 57,600 gallons a day.

"It creates a permanent and comprehensive permitting program to address large groundwater withdrawals," Jon Groveman of VNRC said. "It's a major step forward."

It also lays out ground rules for filing suit in groundwater extraction cases.

New Hampshire has had a similar law for eight years and has had about 30 such permit applications filed.

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Information from: The Times Argus, http://www.timesargus.com/