You asked how other states (1) engage in and fund watershed planning, and (2) foster conservation and efficient use of water resources.

SUMMARY

We were unable to find one source of information that describes the various watershed planning practices of other states. We obtained information about programs in Florida, Maine, Massachusetts, New Hampshire, Ohio, Pennsylvania, Rhode Island, Utah, and Vermont, which we briefly describe in this report. Approaches to, and funding for, water planning vary by state. Most of these states have recently drafted an overarching water policy or plan. Some have created a water policy council or equivalent authority to coordinate state water planning efforts. These states typically fund their programs with various combinations of federal and state money.

FLORIDA

Florida's 2001 Florida Water Plan, enacted in response to a significant water demand increase projected over 20 years, addresses watershed management, water supply, water quality, natural systems, flood protection, floodplain management, and management support, coordination and evaluation.

Under the plan, five water management districts, each operating under the general supervision of the Florida Department of Environmental Protection (FDEP), identify and respond to regional water needs. Each district has developed a regional water supply plan that identifies ground and surface water sources and calls for the development of new water supplies, including demineralization of brackish groundwater, desalination of seawater, and reuse of reclaimed water. Each year the districts, in cooperation with the state Office of Water Policy, must prepare a five-year plan for the development of new water supply sources in their region.

The 2001 plan identified two main priorities related to water supply: (1) increasing the available water supply and maximizing water use efficiency, and (2) protecting source waters from contamination.

To increase supply and maximize efficiency, districts must annually track and report the: (1) percentage of wastewater being reused, (2) gross daily per capita water use (public supply), (3) estimated amount of new water supplies to be made available, (4) percentage of new water supplies under development, and (5) percentage of estimated new water supplies actually made available. To protect water sources from contamination each district must track and report the percentage of water sources that supply water of the quality required for its designated use.

Counties, municipalities, districts, and special districts that have legal obligations related to water management may apply to the FDEP for help funding water projects that implement state, local, or regional water plans (Fla. Stat. Ann. § 403. 885). Eligible projects include stormwater management, wastewater management, and lake and river restoration projects.

MAINE

In 2002 the Maine legislature established a Sustainable Water Use Policy (policy) (38 Me. Rev. Stat. Ann. §§ 470-A – 470-G). As part of the policy, the legislature created the Water Withdrawal Reporting Program (WWRP). The program requires users who withdraw more than a specified amount of water to report their withdrawal to the Maine Department of Environmental Protection (MDEP) (38 Me Stat. §470-B). Certain users, including those that return most of the water they withdraw and household users, are exempt from the reporting requirements. Those who already report to other state agencies also are exempt (38 Me. Stat. Ann. § 470-C).

MDEP presents annual reports on all aspects of water use reporting to a Joint Committee on Natural Resources. The Maine Geological Survey (MGS) maintains a water withdrawal database and the Department of Agriculture, Food and Rural Resources maintains an agricultural water use database. The agriculture department, in cooperation with the MDEP, coordinates efforts to regulate agricultural water use throughout the state. This includes of a water withdrawal reporting program specific to agricultural use.

Maine law also directs the MDEP to develop water use standards for maintaining instream flows and water levels for the protection of aquatic life and other uses. In addition, the MDEP must establish criteria for designating watersheds that are most at risk. The law requires that the Board of Environmental Protection adopt these standards and present them to the legislature in 2006. The MDEP also supports local and regional efforts to address water use issues (38 Me Stat. §470-B).

MGS, in cooperation with the U. S. Geological Survey (USGS) and the National Weather Service, is attempting to map the amount of water available in Maine by tracking precipitation, snow pack, groundwater levels, and stream flow conditions (Aquifer Studies Program).

MASSACHUSETTS

The Massachusetts environmental affairs secretary convened a Water Policy Task Force in 2004 to develop a water resource management policy. The task force set forth four major environmental principles: (1) keeping water local and seeking to have municipalities address issues from a watershed perspective, (2) protecting clean water and restoring impaired waters, (3) protecting and restoring fish and wildlife habitat, and (4) promoting development strategies consistent with sustainable water resources.

In its 2004 Water Policy Report (attached), the task force noted the state's need to establish a more effective working relationship with municipalities; one in which the state provides direction, planning, and incentives and municipalities adopt a more proactive stance and longer-term vision on water resource and planning issues.

The policy seeks to make the new source and water withdrawal application process more predictable and to give towns and regions greater flexibility in managing water sources. Specific recommendations in the report include: (1) identifying communities that are in stressed water basins and creating a framework with increasingly strict performance standards, recommendations, and requirements as a basin becomes increasingly stressed; (2) providing guidance to help communities meet existing and future water uses by developing solutions based on water budgets; (3) increasing treated wastewater recharge and reuse; (4) controlling stormwater recharge; (5) preparing a state policy on water supply development; (6) protecting and restoring critical land and water resources; (7) promoting sustainable development and timely maintenance of aging infrastructure; (8) helping municipalities, developers, and consultants plan developments that reduce negative environmental impacts; and (9) pursuing legislation allowing the use of special accounts to fund the operation and maintenance of infrastructure, stormwater mitigation, and other water resource protection efforts.

According to the state Executive Office of Environmental Affairs, the capital budgets of the participating state agencies pay for about three-quarters of the costs of implementing the program. The remainder comes from existing resources.

NEW HAMPSHIRE

In 1999 the New Hampshire Department of Environmental Services (DES) began developing a Watershed Approach Pilot Program to demonstrate a new, data driven approach to local watershed management. Rather than addressing specific water quality programs, the pilot program looks at the entire geographic area and provides a comprehensive approach to protecting and restoring water resources. The program identified and ranked 81 watersheds throughout the state. Two of these received up to $ 50,000 in grants and access to technical consultation services over a two-year period.

Also in 1999, DES announced the creation of a Water Management Bureau, whose mission is to protect and improve the health and function of New Hampshire's waters and watersheds for human and ecological benefit. In 2002 the Bureau published its Strategic Plan identifying 31 defined programs for assessing and managing the state's watersheds.

The DES Watershed Assistance Section coordinates watershed management in cooperation with local organizations, watershed districts, other programs within DES, and the U. S. Environmental Protection Agency (EPA). Watershed districts are proposed by towns and approved by voters. The towns within a watershed district work together to protect their common water resources. Each district works with DES to propose regulations and standards that voters must then approve.

DES also provides funding to local and regional water projects aimed at preventing, controlling or reducing watershed pollutants through its Watershed Assistance and Restoration Grants. Approximately $ 700,000 in grants is expected to be available in 2006, contingent upon the state receiving federal funds.

DES has entered into a cooperative program with the USGS in which the federal agency determines the amount and quality of current water sources throughout the state. When this project is complete, USGS will attempt to locate potential water sources.

OHIO

The Ohio Water Resources Council (Ohio Revised Code Ann. § 1521. 19), consisting of the heads of the departments of agriculture, development, environmental protection, health, natural resources, and transportation; the commissions of public works and public utilities; the water development authority; and an executive assistant to the governor, is responsible for policy development, collaboration, and coordination for state water resource programs. It is assisted by a state agency coordinating group comprised of staff from the nine member agencies, and an advisory group that includes 20 appointed members representing various stakeholders.

The council's operating expenses are paid by a water resources council fund. Money for this fund comes from the agriculture, development, environmental protection, health, natural resource, and transportation departments. The public utilities and public works commissions and water development authority also may transfer money to the fund. The Department of Natural Resources is the fund's fiscal agent.

The council's four year strategic plan (attached) consists of seven water resources goals supported by 29 objectives, which are in turn supported by specific ongoing and future actions. The goals are: (1) protection, management and restoration, (2) planning, (3) information, (4) economic development, (5) infrastructure financing, (6) recreation, and (7) education.

The planning goal is supported by four objectives. They are: (1) facilitating and enhancing communication and coordination among local, regional, state and federal water resources programs; (2) establishing a water resource strategic plan to guide the implementation of state agency

programs; (3) promoting watershed-based planning; and (4) providing support and resources that promote coordination with and among regional and local planning efforts.

Supporting actions under the watershed planning objectives include (1) developing a local capacity for watershed planning, (2) encouraging all public water systems to coordinate with local watershed protection organizations, (3) identifying boundaries for surface and groundwater planning purposes, (4) encouraging the inclusion of streamflow needs and other water quantity issues as an integral component of watershed and regional planning, (5) using best management practices to assess and prioritize nonpoint pollution sources, and (6) supporting a watershed-based approach to the state's total maximum daily load program. (Total maximum daily load refers to the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards. )

PENNSYLVANIA

Pennsylvania has seen a recent growth in community watershed organizations -- local, volunteer-led groups seeking a local approach to watershed problems. The state Department of Environmental Protection (PADEP) has provided numerous small grants for these groups to carry out remediation projects through Pennsylvania's Growing Greener program. These grants have supported the assessment of numerous watersheds and helped create more than 100 new watershed organizations.

During the course of the Growing Greener program (27 Pa. Cons. Stat. § 6101 et seq. ), the PADEP is authorized to allocate $ 547. 7 million in grants to counties, authorities, and municipalities; county conservation districts; and watershed and other environmental organizations. Growing Greener money also is used to protect open space, eliminate the maintenance backlog in Pennsylvania state parks, clean up abandoned mines, and provide new and upgraded water and sewer systems.

Growing Greener is Pennsylvania's largest single investment of funds to address environmental issues. Signed into law in 1999, it was reauthorized in 2002 and extended until 2012. The reauthorization doubled the commitment from $ 645 million to $ 1. 3 billion, and increased PADEP's portion of the funds from $ 241. 5 million to $ 547. 7 million. Three other state agencies take part in the program. It is financed by a $ 4 fee on each ton of solid waste disposed of at municipal waste landfills.

RHODE ISLAND

Rhode Island sets overall goals and policies through a state guide plan. The plan consists of 30 separate elements, including a state water supply policy and a water supply plan. For more information on Rhode Island's planning process, see OLR Report 2004-R-0560 (attached).

The Rhode Island Water Resources Board (board) is charged with ensuring that sufficient water resources are available for present and future residents. It has the sole authority to devise a fair allocation of water resources among users and uses to ensure that long-range considerations prevail over short-term considerations.

In 2002 the board began working with 66 organizations to develop a water allocation program for the state. In 2004 the board approved six recommendations as the basis for a state water allocation policy. The recommendations are for the state to: (1) adopt a priority water use policy; (2) create a water management system using a watershed approach; (3) continue work on a detailed water resources inventory, and expand the water use data reporting system; (4) create a water allocation program implementation team to work with staff; (5) establish a Streamflow Working Group to address streamflow issues; and (6) establish an education and outreach program with public and not for profit organizations.

The board is working with the USGS and University of Rhode Island (URI) on a comprehensive statewide inventory of surface water and groundwater resources in nine watershed regions. The amount of water is determined based on historical stream flow levels and areas of stratified drift. The USGS and URI collect known water use data from water supply system management plans required of water suppliers and other metered businesses, or by estimating according to predetermined formulas. A statewide summary report is planned once all the basin studies are completed. The data also is being compiled in a database being developed by USGS for use by all New England states.

The board also is assessing existing stream flow data for an eventual Internet-based stream statistics program compatible with the National Hydrologic Database. More information is available on the board's website.

UTAH

Utah receives less annual rainfall (13 inches) than any other state except Nevada. While most of the state's available water supply is already used, the state Division of Water Resources (DWR) estimates that 790,000 acre-feet a year can still be developed.

The state requires water retailers and conservancy districts with more than 500 connections to prepare water conservation plans and submit them, with updates, every five years. This requirement covers 150 utilities serving 93% of the state's population. Faced with a population expected to double by 2050, DWR has set a goal of reducing the per capita demand on public water supplies by 25% by that year. This goal will be achieved through conservation measures and such programs as incentive pricing, outdoor watering guidelines, water audits, metering, rebates, leak detection and repair programs.

According to Utah's Water Resources, the responsibility for these decisions rest with local leaders. State government aids municipalities by providing technical, financial, and other types of assistance.

VERMONT

In 2003 the state launched a Clean and Clear Water Plan (Vermont Plan) for achieving and sustaining water quality throughout the state. The main partners in this endeavor include the state Agency of Natural Resources and the Agency of Agriculture. Other program partners include the Department of Environmental Conservation Water Quality Division (division), other state agencies, local non-governmental organizations, and citizen advisory committees in Quebec, New York, and Vermont.

Approximately $ 14. 7 million was appropriated for the Vermont plan in fiscal year 2005. Over $ 7. 2 million of that was provided by federal funding sources (see VT Plan Funding, attached), the balance by the state. Much of the funding is dedicated to reducing the amount of phosphorus that finds its way into water supplies from eroding streams and runoff from farms and stormwater.

Watershed Councils have been established in each watershed basin. Two Watershed Coordinators manage the activities of the councils and coordinate the efforts of organizations, individuals, and the general public to improve water quality. Watershed action plans are being developed in five of the watersheds under the coordinators' guidance.

The division also provides grants to watershed related projects through its Vermont Watershed Grant Program. Funding for these grants is not included in the Vermont Plan. Mini-grants of $ 200 to $ 1000 are available for small projects or portions of larger projects. Larger grants of more than $ 1,000 are available for complete projects or portions of larger projects. Those eligible to receive a grant include municipalities, local or regional government agencies, nonprofit organizations, and citizen groups.

U. S. GEOLOGICAL SURVEY

USGS works with many state agencies on watershed research and data collection. According to Virginia de Lima, Director of Connecticut's USGS office, the amount of USGS involvement is up to the individual state. USGS provides up to half the funding for various projects. States may use different funding sources to fund USGS work. For example, de Lima says that Connecticut's share of the funding for data collection comes from the state budget, while its share of funding for research comes primarily from money that the state receives from such federal agencies as EPA and the Federal Emergency Management Agency.

WATERSHED PROTECTION FUNDING SOURCES

The EPA provides grants that may be used for watershed planning under section 319 of the federal Clean Water Act (33 USC § 1329). We have attached information on other funding sources for watershed protection from the Center for Watershed Protection, a nonprofit organization, and the EPA. In addition, a Catalog of Federal Funding Sources for Watershed Protection is available online.

WATER RESOURCE CONSERVATION IN OTHER STATES

We are attaching OLR Reports 2005-R-0820, on watershed land acquisition programs in several states; 2004-R-0727 and 2004-R-0763, which describe New Jersey's open space protection program; and 2006-R-0024, which examines options for maximizing funding for open space in Connecticut.

We also are attaching two documents prepared by the Trust for Public Land, a national nonprofit conservation organization. The reports, Path to Protection and the Source Protection Handbook, describe a variety of strategies for watershed protection and provide specific state examples.

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