CT HOUSE AND SENATE PASS RESOLUTION APPROVING THE STATE WATER PLAN, WITH PUBLIC TRUST LANGUAGE INTACT! On Tuesday, June 4th, the House of Representatives unanimously passed Joint Resolution 171, approving the draft of the state water plan. As the clocked ticked towards adjournment last night, the Senate also approved the plan. It is expected that Gov. Lamont will sign the legislation.

A long, hard-fought battle by citizen water advocates to insure that our water resources were recognized as a public trust resource bore fruit.

Legislators added an amendment to HB 7194 stating that in the event of any conflict between any provision of the state water plan and any provision of the general statutes, the provision of the general statutes shall control. According to environmental lawyers, this is a re-statement of fact.

THANK YOU to all the citizen advocates who wrote, called, emailed tirelessly over these last two years.  And thanks to Governor Lamont for standing up to water utility and business lobby pressure!

Commemorate U.N. World Water Day with an update on CT's waters at the Legislative Office Building.  On Friday March 22cd, there will be a one hour, information packed presentation with speakers from the legislature, environmental advocacy groups, and state agencies.  Learn what's happening with issues such as the state water plan, contamination of our aquifers with toxic chemicals, watershed lands at risk of development, and the potential hazards of climate change. See the program handout below.

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From the U.N.'s website:

• 2.1 billion people lack access to safely managed drinking water services. (WHO/UNICEF 2017). Water scarcity affects more than 40 per cent of the global population and is projected to rise. Over 1.7 billion people are currently living in river basins where water use exceeds recharge.
• 3 in 10 people lack access to safely managed drinking water services and 6 in 10 people lack access to safely managed sanitation facilities
• 80% of wastewater flows back into the ecosystem without being treated or reused. (UNESCO 2017)
• Each day, nearly 1,000 children die due to preventable water and sanitation-related diarrheal diseases.
• Women and girls are responsible for water collection in 80 per cent of households without access to water on premises.
• 90% of all natural disasters are water-related. (UNISDR)
• 700 million people worldwide could be displaced by intense water scarcity by 2030.

To see the list of Goals, visit www.un.org/sustainabledevelopment/water-and-sanitation/

Goal #1: By 2030, achieve universal and equitable access to safe and affordable drinking water for all.

CT could be under assault from fracked gas waste products from states as close as Pennsylvania.  Some see a economic driver in the business of importing and processing such waste and want DEEP to regulate its transfer and handling.  But that would open the state to contamination through multiple avenues:  watch this short video to see how:   Food and Water Watch has been on the forefront of the effort to create multiple municipal ordinances banning the waste while a 3 year moratorium has been in place.  now it's time for a state-wide ban that will protect CT from pollution of its waters with fracked wast

The state's first water plan is back at the General Assembly- in its original draft form- with "public trust" language intact. A hearing date is yet to be set, but water utilities and business interests are already lobbying legislators to remove the simple re-statement of our 1971 Environmental Protection Act that the plan contains:

Section 22a-15: It is hereby found and declared that there is a public trust in the air, water, and other natural resources of the state of Connecticut and that each person is entitled to the protection, preservation and enhancement of the same.

It's crucial that the de-regulatory forces rolling through Washington, D.C. don't weaken CT's environmental protections. If actions affecting CT's water resources threaten their quality, quantity, or long term preservation, the state and its citizens have an over-riding interest and indeed a responsibility, to act. Removing public trust language removes this vital oversight.

In just the past few years, we've seen an effort to sell one of CT's largest water companies to a California corporation. We've seen Tilcon International try to sidestep watershed protection statutes to strip mine next to a New Britain reservoir. We've seen Niagara Bottling exploit a loophole in CT's water diversion statutes to move millions of gallons of water across watersheds without a permit, even in a drought.

Water is a public trust resource, not a corporate asset. It's time to pass our state's first water plan as is! Save Our Water CT will be monitoring the legislative process and posting updates as the session progresses.

In response to rapid and growing public protest, the findings of the Independent MDC Consumer Advocate, and questions as to whether the structure of the proposed discounts violated the MDC's charter, the MDC board issued a press release on 11-16-2018 notifying the public of their intent to withdraw proposed ordinance changes prior to their scheduled November 19th Public Hearing.

Protestors still gathered outside the MC headquarters at 555 Main Street, Hartford prior to the hearing, chanting and displaying "No More Groundhog Days" posters- a reference to how the discounts "popped back up " just as Niagara Bottling applied for permits to expand the number of its bottling lines. The hearing room was packed to overflowing due to multiple citizen concerns:  the discounts, the marked increase in water and ad valorem rates, concern for the availability of water to low-income residents, the need to continue the mandated cleanup of the 800 million gallons of MDC sewage which spill into the CT River each year during large rainstorm events, and more.

Of concern-and noted in the press release- are plans for the MDC to seek charter changes at the upcoming legislative session which would allow it to develop what is being labelled an "Economic Development Rate" similar to that in place at South Central Regional Water Authority. Though the SCRWA economic rate is time-limited, it is once again keyed to large water users.  The entire question of whether the MDC should be involved in "economic development" remains very controversial- and is never mentioned in its charter. Stay tuned.

Attorney David Silverstone, the Independent MDC Consumer Advocate, examined multiple aspects of the proposed 2019 MDC budget. Of special note were his findings on the proposed "Economic Development Rate, which he deems : "especially problematic" :

"The proposed Economic Development Rate would give a 20% discount on all water consumption over 600,000 gallons per day. There is no cost justification for such a discount. Second and perhaps more importantly, for these largest customers the clean water project charge (also known as the special sewer service charge} would no longer be based on water consumption for water in excess of this 600,000 gallon threshold, but rather would be based on sewer flow associated with the excess over 600,000. The fundamental principle of linking the clean water project charge to water consumption would therefore be broken. This approach favors water customers who discharge less into the sewers than water used. This approach favors customers like water bottling plants, golf courses and the like.

The MDC should not be picking which types of customers get better rates for service. It should be providing service to all customers on an equitable basis. This treatment is simply not equitable. For example, a condominium association approached the MDC in the last several months and argued that it should not have to pay the clean water project charge on the water it used for irrigation.  It meters this irrigation water separately from domestic consumption and the irrigation water was not discharged to the sewer. The argument was rejected on the grounds that all metered water is subject to the clean water project charge, whether it goes into the sewer or not. Under this proposed economic development rate, this principle is clearly violated. discount

The magnitude of this change in how the clean water project charge is calculated will vary depending on the tpe of customer. It could be substantial and in all likelihood will be far in excess of a 20% discount. For example, if a customer only discharges 30% of purchased water to the sewer, the customer would be getting a discount of 70% off the clean water project charge for water usage in excess of the 600,000 gallons/day."

OF NOTE: Niagara Bottling of California is the only MDC customer currently approaching this 600,000 gallons/day and discharges approximately only 20% of the water it uses into the sewers.  Most leaves in millions of bottles a day loaded onto semi trucks and leaving the watershed.

See his full analysis in the document below.

On Tuesday November 13, 2018 the Bloomfield Town Council unanimously adopted a resolution instructing its MDC Commissioner to vote against the proposed ordinances which would provide a 20% water rate discount and a potentially 80-90% Clean Water Project Charge discount to large water users  for volumes of water that exceed 600,000 gallons/day measured through a single meter.

"NOW, THEREFORE, BE IT RESOLVED, that the Town of Bloomfield hereby states its opposition to any discounting or reduced rate schemes for large volume users of our water..."

Multiple residents spoke before a packed town hall to voice opposition to what they perceive as a repeated attempt by the MDC to offer discounted rates for Niagara Bottling in return for increased water usage. Similar discounts were rescinded after a public outcry two years ago.

"What don't you understand about the word 'NO'?" asked one resident.

The proposed discounts have reappeared just as Niagara filed permits with the Town of Bloomfield to expand the number of bottling lines and just as a larger water main necessary for the increased water draw is nearing installation.

The discounts are the antithesis of a water conservation ethic and viewed by many as a very specific corporate giveaway.  What other industry uses massive amounts of water through a single meter? And  since much of the water is shipped away in bottles, up to 80% will not be discharged to the sewers. That will result in a Clean Water Project Charge discount of up to 80%. No other category of MDC consumer is treated in this way.

See the full text of the resolution below.

IN 2015 the MDC GAVE NIAGARA BOTTLING A BACKROOM SWEETHEART DEAL. IN 2016 AFTER A PUBLIC OUTCRY, THEY RESCINDED THE DISCOUNTS…. NOW THEY COULD BE COMING BACK….

MDC’S PROPOSAL FOR A SPECIAL ‘ECONOMIC DEVELOPMENT RATE’? Those using over 600,000 gallons/day through a single meter will get a 20% discount on the excess. Their Clean Water Project charge also will be discounted- potentially by 80 or 90%.  The Clean Water Project Charges, which exceed the actual water rate, are billed to all MDC residential customers who use MDC sewer services. They fund the EPA mandated Clean Water Project, slated to clean up wastewater overflow from the MDC's system. For everyone except the massive water users, the charge is based on the amount of water used. But for the super-users, they would get huge discounts by having only their actual wastewater measured. Residents who water their lawns, farmers who irrigate their crops, golf courses- all whose water goes back into the ground rather than the sewers, get no such break.  BUT, bottling companies who export water out of the watershed in bottles and trucks, would be HUGE winners.

Of note, the rate cut is designed to exclude the purchase of treated water by other municipalities. So, large water sales to other CT Municipalities in need of drinking water, even if they exceed 600,000 gallons/day,   would not be eligible.  The most likely beneficiaries:  large bottling companies. Who else uses such quantities of water through a single meter and transports water away from sewers.
 
Meanwhile:

• Resident ratepayers will pay more for their water than corporate super-users
• Residents will continue to pay the full Clean Water Project Charge to fund the cleanup of overflow from MDC sewers that pollutes our streams, rivers, and Long Island Sound
• Residents will be advised to conserve water while the MDC promotes massive water sales to big business
• When the next drought occurs, residents will be asked to conserve while water bottling is allowed to continue until reservoir levels are dangerously low

Attorney David Silverstone, the independent MDC Consumer Advocate, has published an initial analysis (see the previous blog post) which questions why no cost analysis has been done and notes that the special treatment for the Clean Water Project Charge will likely be unfavorable to all other customers.

Members of Save Our Water CT are opposed to large volume discounts, which are in direct opposition to the conservation ethic promoted by the State Water Plan and most water utilities. They also object to  the  discounted CWPCs. MDC consumers have paid for years, in their water charges and property taxes, for their water infrastructure.  To exempt one large corporation such as Niagara Bottling of California, from paying its fair share points  to an unnecessary corporate giveaway. As the only state in the country to have Class A drinking water which has never mingled with waster water, why is there ANY need to discount this public resource?