"Water as a Public Trust" Under Attack as State Water Plan is Finalized

Senate Republicans Fasano and Witkos, water industry lobbyists and corporate interests demand the phrase be removed from the final version of the state water plan just prior to the final vote of the Water Planning Council.

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