The Tilcon proposal to expand into Class I and Class II watershed lands in exchange for money, the promise of a new reservoir 40 years from now, and less valuable acreage appears to be dead.  At least for now..

On Aug. 22, 2018, Mayor Erin Stewart submitted a letter to the Water Planning Council (W.P.C.) withdrawing the city's proposal in light of significant public opposition and the need for further review "before any such project could move forward".  On Aug. 24th the W.P.C. in turn forwarded to the CT. General Assembly its review of the environmental study. It found serious flaws in the argument that this proposal would be beneficial to New Britain's water supply....and in addition found that the risks posed to the environment by the project were significant.  (See the WPC letter below).

This is the second time in which Tilcon and the City of New Britain have attempted to skirt the process of obtaining a permit from the D.P.H. to impact Class I and II watersheds.  Knowing that such an application was unlikely to be approved, they instead turned to the legislature to bypass environmental regulations- and nearly succeeded in doing so. The Mayor's letter leaves open an implicit suggestion that a resurrection of the deal is a possibility, and the citizens of CT will need to remain vigilant .

It was largely with the activism of Atty Paul Zagorsky and other members of Protect Our Watersheds CT that this round was won.

Despite- or due to-legislative inaction, Governor Malloy today (June 14th) issued an Executive Order for state agencies to begin implementing the State Water Plan as originally drafted. The order also directed the Water Planning Council to re-submit the plan- in its original draft form- to the legislature by Dec 1st.

His order left intact the "water is a public trust" language that was so opposed by a coalition of water utilities, golf associations, and the CT Business and Industry Association.

As the water plan is largely a platform for informed decision-making, much of its work can proceed while awaiting a second round at the legislature. The Water Planning Council will meet on June 15th with "Implementation" leading its agenda.

See the Executive Order at: portal.ct.gov/-/media/D5B15C2FB2134AFAB6E70F56F516B7E7.pdf

Both CT's Council on Environmental Quality and the CT Water Planning Council recently released their reviews of the City of New Britain’s Report entitled Environmental Study: Change in Use of New Britain Water Company Land (Proposed Quarry Expansion and Future Water Storage Reservoir). Both the CEQ and the WPC concluded that the environmental damage caused by the expanded strip mining operation in Class I and Class I watershed lands would be significant.  In addition, both expert bodies found  quite questionable the study assumptions and conclusion that an additional reservoir was necessary for New Britain's future water needs.

Given the alarming precedent that this proposal would set-allowing Class I and II protected watershed land to be sold for the benefit of a private for-profit corporation- it is hopeful that these expert analyses of its impact will put a halt to this ill-advised plan.

Read the Executive Summary from the Water Planning Council below. The full C.E.Q. report can be found at:www.ct.gov/ceq/lib/ceq/CEQ_Comments_on_NB_Watershed_Environ_Study_-_final_5-25-18.pdf

The “Water Planning Council’s” Review Pursuant to Public Act 16-61 of the City of New Britain’s Report entitled Environmental Study: Change in Use of New Britain Water Company Land (Proposed Quarry Expansion and Future Water Storage Reservoir):
 
"Public Act 16-61, An Act Concerning An Environmental Study On A Change In Use Of New Britain Water Company Land, required the City Of New Britain to commission an environmental report  to be submitted to the Water Planning Council (WPC), the Council on Environmental Quality (CEQ), and the City of New Britain’s Conservation Commission.  The purpose of the report was to examine the potential impact of changing the use of some of its city water department-owned Class I and Class II land to allow the lease of land for the extraction of stone and other minerals on such property.
 
This extraction operation, which would be done over a period of 35-40 years, could potentially create a new public water supply reservoir of 2.31 billion gallons capacity for the New Britain Water Department.  The reservoir would be filled with water from a flood-skimming operation at Coppermine Brook in Bristol, taking an estimated 6-28 months to fill the reservoir from this source.  The new water supply reservoir is described in the Executive Summary as being 109 acres in surface area (though other figures are given elsewhere in the Report) and up to 130’ deep.
 
PA 16-61 charges the WPC and the CEQ with reviewing the report to determine:

1. the potential impact on the environment and the purity and adequacy of the existing and future public water supply; and
2. to provide guidance to the New Britain Water Department concerning the suitability of the best management practices identified for the protection of the environment, public water supply and public health.

 
Much of the area that would be impacted in the proposed expanded area of quarrying is located in the active public drinking water supply watershed of the Shuttle Meadow Reservoir.  That area also includes rare habitat and, according to the city’s report, the area is also home to a plant species previously thought to no longer to be present in the state.
 
As will be discussed further, the WPC finds that preparation for quarrying, including clear-cutting the forest and removing the stumps, soil and other natural material, followed by quarry operations, would eliminate much of the wild habitat of the site while creating the potential for decades of increased risk to the city’s nearby Shuttle Meadow Reservoir.
 
The WPC finds that the city’s report does not substantiate the need for the proposed new reservoir or, in fact, that the proposed reservoir would even be a viable public water storage facility.  Based on its review, the WPC finds that the proposal’s risks to the current public water system and the environment are significant and the city’s report does not make a plausible case for undertaking such an activity."

 It was a disappointing end to the 2018 General Session, with the failure of the first State Water Plan to be adopted.  But the overwhelming public support for the inclusion of "water as a public trust resource" in the plan - and the vehement opposition by industry groups- brought the importance of our environmental protection laws to the forefront.  Our 1971 CT General Statute 22a-15 declares as state policy that our air, water, and natural resources are held in the public trust. The plan is intact, still contains its important public trust language, and will return to the General Assembly next year, hopefully to more receptive legislators.

Save Our Water CT is taking a necessary break to re-assess, re-group, and re-strategize for the coming year.  As we write, decisions are being made over allowing Tilcon Connecticut to strip mine Class I and II watershed lands, to allow California corporations to buy out CT water utilities, and to potentially re-instate water rate discounts for industrial water bottlers like Niagara Bottling of California.

We hope all those who care deeply for this precious resource make it an issue in the upcoming 2018 elections!

The 2018 legislative session ended at midnight on May 9th with no vote taken on the State Water Plan. After a public hearing on April 17th by the 4 committees of cognizance at at the General Assembly (Environment, Public Health, Planning & Development, and Energy & Technology) further advancement was blocked by a combination of special interest groups. Although a coalition of environmental advocates reached compromise language with the CT Water Works Association (CWWA) and the MDC, the CT Business and Industry Association (CBIA), and Sen. Len Fasano remained firmly opposed. The mere mention that "water as a public trust" was a frequently made public comment during the draft review, along with the citation of CGS 22a-15 in the draft document, was the reported cause. After years of work, the input of countless experts, and over a million dollars of state funds, our first state water plan will sadly need to await next year's legislative session.

With an ongoing bidding war by California corporations for a major CT private water utility, a pending decision on a proposal to grant Tilcon CT access to Class I watershed land for strip mining, and the possible re-introduction of large volume water discounts to Niagara Bottling of CA by the MDC, it's ever more important to make water policy an issue in this fall's elections.

Our first State Water Plan:  developed after years of work, with input by multiple expert stakeholders and with unanimous approval by 4 state agencies (DEEP, DPH, OPM, PURA). It now awaits approval at the General Assembly.  A fierce last minute lobbying campaign by the water utilities and business interests (among them MDC, CWWA, and CBIA) is attempting to strip out public input and delete recognition of water as a public trust resource.  Will big $$ and scare tactics win again at the legislature?  Or will our elected representatives respect citizen's concerns for our vital water resources? See the advocates' statement below.

It's here: the key Public Hearing for CT's first State Water Plan. Four committees of cognizance (Public Health, Environment, Planning & Development and Energy & Technology) will decide whether the plan is forwarded to the General Assembly for adoption. It should be a "no-brainer":

• Over a year of effort and a million dollars worth of in-depth work by multiple expert stakeholders
• Detailed, centralized information on the state's water resources
• Development of priorities for our state's water, some of which include maintaining CT's highest quality drinking water, protection of watershed lands, increased conservation, updated drought planning, safe levels of water for our streams and rivers, and improved scientific data collection
• Creation of a platform for making informed decisions which balance "in-stream needs" for the environment with "out of stream needs" for humans and the economy...and one which provides only guidance, not statutory mandates

Yet, the draft plan is now being opposed by water utilities, the business lobby, and anti-regulatory interests.....all because CT residents overwhelmingly requested the plan include a reference to water as a public trust resource. The demand that the plan remove any mention of "public trust", would threaten our state's long held policy, ALREADY-EXISTING in CT Gen Statute Sec. 22a-15 that: "It is hereby found and declared that there is a public trust in the air, water, and other natural resources of the state"...
As federal regulations protecting our environment are eviscerated, it's ever more important that we let our officials know: water belongs to us all and is our most important resource.

HELP ASK the COMMITTEES to PASS the STATE WATER PLAN AS DRAFTED!

1. Write a brief statement and save it as a word or pdf document. Attach it to an email addressed to phtestimony@cga.ct.gov. Submit it by 2 pm on Friday April 13th.
2. Come to hearing at 11 AM on Tuesday April 17th at the Legislative Office Building: Room 2C at 300 Capitol Ave. Wear your blue Save Our Water CT Button to let legislators know we're watching. Free parking at the L.O.B. can be tough; you may need to arrive early, find on-street parking, or take public transport.
3. If you plan to testify, sign up begins at 9:00 AM in the L.O.B. lobby.
4. Further details of the plan, its Executive Summary and a 2 page description of key topics can be seen at the Water Planning Council's website.

Thanks for acting. If the plan is not passed as is, our public voices may be left out!

Judy Allen for the Save Our Water CT Steering Committee
Follow Us on FACEBOOK
www.saveourwaterct.org
info@saveourwaterct.org

A recent Senate Bill SB-427, introduced by a water utility association president from southeastern CT and Sen. Formica, argued that all well water in the state- no matter how large or small- be exempted from the protections of public trust.  Oral testimony, given by the CWWA lobbyist, registered their opposition to the specifics of the bill, but used it as an opportunity to urge that public trust language be struck from our State Water Plan.  Save Our Water CT regards it as the opening salvo in a battle over protection of our public waters. See the bill at   www.cga.ct.gov/2018/TOB/s/2018SB-00427-R00-SB.htm and read
all the testimony at  www.cga.ct.gov/asp/menu/CommDocTmyBill.asp?comm_code=env&bill=SB-00427&doc_year=2018

​
Save Our Water CT is a non-partisan, citizen-led group working to protect Connecticut's waters though increased citizen engagement.  Though we started in Bloomfield to fight the incursion of a massive water bottling plant, we now reach throughout the state, allying ourselves with multiple environmental organizations concerned with protection of our water resources. Our core belief is that:
 
WATER IS A PUBLIC RESOURCE, BELONGING TO THE PEOPLE OF CT AND HELD IN TRUST BY THE STATE TO BE MANAGED SUSTAINABLY FOR THE BENEFIT OF GENERATIONS TO COME.
 
Raised SB 427 is problematic in multiple ways and should not be voted out of Committee:

• This bill represents an attempt to subvert CT’s Environmental Protection Act by removing a large proportion of water (“private drinking water wells of any size”) from the public trust considerations of CGS 22a-15.
• It counters the foundational principle that Connecticut’s waters are a natural resource which need to be managed sustainably for all for generations to come. We have “rights” under existing state regulations which allow us to responsibly use water, but these rights are not absolute.  They may, on rare occasions, be overridden by the public interest in decisions involving water resources.
• This law misunderstands the state water plan.  The plan has no regulatory force:  it is a platform for best practices in future decision making about our water resources. 
• This bill fails to recognize the now scientifically proven connection between surface and ground water.  According to the USGS, it is invalid, inappropriate, and scientifically mistaken to view groundwater from wells as somehow separate from the surface water in rivers and reservoirs. What happens to one effects the other.  Removing one part of the system from public oversight opens the other components to harm.
• The provisions of this law would allow major water utilities to claim their well fields are now their private property and not subject to state regulation.  A large water bottling plant could purchase land and drill multiple wells, exporting the water out of state with impunity. During droughts, private well owners could claim they are not subject to any water restrictions.

Save Our Water CT strongly opposes Raised S.B. 457.  Thank you for considering our view.

A furious letter-writing campaign to the Water Planning Council (WCP) and Department of Public Health (DPH)  prevented a last-minute push by water lobbyists, corporate interests, and-surprisingly- the DPH to remove all mention of "public trust" or to relegate it to the end of the  plan under "future topics to be considered". You can view the plan, its 26 page executive summary, and the compendium of responses to citizen comments at www.ct.gov/water/site/default.asp
 
Page 2 of the Executive summary contains references to "public trust", noting:

• "One related aspect to the the concept of balance, which was widely brought up during the public comment period following Plan development is water as a public trust.  Following Water Planning Council (WPC) discussion of this prevalent comment, it was noted that there is an existing statute as follows: "Sec. 22a-15. Declaration of policy.  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 is further found and declared that it is in the public interest to provide all persons with an adequate remedy to protect the air, water and other natural resources from unreasonable pollution, impairment or destruction."
  

While the words "public trust"remain, and a citation to the 2014 statute is included, the WPC did not explicitly endorse the principle.  Our first ever state water plan may be one that sadly shied away from declaring the waters of the state to be a resource held in trust for the present and future generations.

The document now heads to the General Assembly where it will be presented to 4 committees of cognizance (Environment, Public Health, Energy and Technology, and Planning and Development). If approved, the Plan will move on to the General Assembly. If not approved, the Plan will go back to the WPC for revisions and then be re-submitted. At 24 months from the date of first submission, if the plan is not approved by the General Assembly, it will be forwarded to the Governor for adoption or rejection.

A scheduled Jan 19th vote on the final draft of the first ever CT state water plan was abruptly cancelled after the Water Planning Council (WPC) received last minute letters from water industry and business lobbyists as well as a letter from the Republican Senate leaders demanding that "public trust" be removed from the document.  See the Rivers Alliance website to read a copy of the letters
www.riversalliance.org/Topics/State_Water_Plan.php#squawks

From Rivers Alliance:  "The CT State Water plan has hit an astonishing road block right before it is due to go to the General Assembly for consideration. Public comment on the draft plan emphasized the importance of the concept that water is a public trust resource: it belongs to the public and is held in trust by the state, which must manage it in the best interests of the public. According to Kirk Westphal, the consultant most knowledgeable about the plan: "... the plan simply acknowledges the existence of the current statute, lists the issue as one that warrants further discussion, and introduces the concept in the section on balance in the executive Summary ('each person is entitled …').  The plan makes no effort to advocate for, interpret, or prioritize this issue." 

The Dept of Public Health (DPH), CT Water Works Association (CWWA), and others immediately launched a campaign in opposition to this concept. Senators Len Fasano and Kevin Witkos also oppose this concept and insist that references to the public trust concept should be deleted.

The state comprehensive water plan is due to go to the legislature in February.   Final edits were to be done Friday 1/19 in a meeting  of the Water Planning Council.  That meeting was rescheduled to Tuesday, January 23, 2018, at 10:30 a.m., at the offices of the Public Utilities Regulatory Authority, Ten Franklin Square, New Britain, Connecticut. The purpose of the meeting is to vote on the finalization of the Draft State Water Plan. The meeting will be open to members of the public, but participation will be limited to the members of the WPC.  For those not attending in person, the Call-In Number is 888-658-6260 and the Participant Code is 7094124."

Of note, members of the public,  a stakeholder in the process, noted numerous times throughout the planning process that this key principle should be deliberately expressed.  It was, in fact, the number one issue commented on during the official comment period.  Three of the 4 members of the WPC, as well as the plan's chief consultant, agreed.  CT Statute 22-a15 already recognizes that" there is a public trust in the air, water and other natural resources of the state of CT and that each person is entitled to the protection, preservation and enhancement of the same". 

However, receipt of the above letters and abrupt cancellation of the scheduled vote leave in doubt what the final version of the plan will be. Any omission of this concept would be a step backwards and a dismissal of the public's participation. And it would belie the foundational principle of the state water planning process that our state waters need to be held in public trust for the future as well as the present.

The WPC meets Tuesday 1/23 at 10:30 am at P.U.R.A. 10 Franklin Square New Britain.  Comments can be sent to wpc@ct.gov