Topic:
STATE BOARDS AND COMMISSIONS; WATER COMPANIES; WATER AND RELATED RESOURCES;
Location:
AUTHORITIES; UTILITIES - WATER COMPANIES;
Scope:
Connecticut laws/regulations;

OLR Research Report


November 29, 1999

 

99-R-1222

FORMATION OF REGIONAL WATER AUTHORITIES

 
 

By: Kevin E. McCarthy, Principal Analyst

You asked for a description of the process by which the state's regional water authorities were formed. You wanted to know who was responsible for putting together the legislation establishing the authorities and how long the process took.

SUMMARY

Each of the state's three regional water authorities, the Metropolitan District Commission (MDC), the Southeastern Connecticut Water Authority (SCWA), and the South Central Connecticut Regional Water Authority (SCCRWA), was established by special act. In the case of the MDC, the legislation was drafted by a commission appointed by the governor. The legislation forming the SCWA was prepared by a number of parties, notably the regional planning agency. In the case of the SCCRWA, a commission consisting of representatives of the affected towns drafted the legislation. In each case it took several years for the legislation to be adopted. It took about two years after SCCRWA's legislation was adopted for the authority to go into operation; for the other two authorities this took about one year.

THE METROPOLITAN DISTRICT COMMISSION

The MDC was created in response to rapid population growth, which taxed the ability of local water and sewer systems. From 1920 to 1929 the population of West Hartford tripled and other suburbs also grew rapidly. Charles Goodwin, a prominent Hartford attorney, began advocating the establishment of a regional entity to provide water and sewer services in the mid-1920s. The proposal prompted opposition by suburbs, notably West Hartford, which felt that this would be the first step towards annexation by the city. In fact, legislation to annex West Hartford to Hartford had been introduced and defeated in 1923, 1925, and 1927.

In 1927, the governor established a 35-member commission to study the formation of a regional district. The commission was chaired by Goodwin and consisted of legislators and residents from the towns in the Hartford area. It was specifically instructed not to consider the issue of annexation. The commission produced a draft charter for the district in 1928. Legislation creating the district was passed in 1929 (Special Act 511 of 1929). The district began operations in 1930, with Goodwin serving as its chairman from 1930 until 1949. Over the years the district expanded its services to include flood control, the provision of hydroelectric power, and resources recovery. Additional information on MDC's history can be found in the district's 1998 annual report, which is available on-line at http://www.themdc.com. The Legislative Library has additional information on this subject.

SOUTHEASTERN CONECTICUT WATER AUTHORITY

The creation of the SCWA was prompted by droughts in the early 1960s, which led several major consumers in the region to curtail their activities. According to Greg Leonard, the authority's current executive director, legislation to create the authority was introduced twice before it was adopted as Special Act 381 of 1967. The legislation was prepared by several groups, including the regional planning agency. In the public hearing on the 1967 legislation before the Water Resources and Flood Control Committee, state and local officials and representatives of local businesses argued that the authority was needed to meet the region's water supply needs. Rep. Axelrod stated in the floor debate that unless a new system were created, the region would face shortages within three to five years. The authority went into operation about a year after it was created. OLR memo 94-R-0960 provides additional information about the authority and its history.

SOUTH CENTRAL CONNECTICUT REGIONAL WATER AUTHORITY

The SCCRWA was created by SA 77-98 from the assets of the New Haven Water Company, which served the greater New Haven area. Among the factors leading to the authority's creation was the announcement by the company in 1974 of its plans to sell 16,000 of its 25,000 acres of watershed land. In turn, the proposed sale was motivated by the financial requirements of complying with the federal Safe Drinking Water Act of 1974. Another factor was a provision in a 1902 contract between the company and the city of New Haven, which gave the city an option to buy the company.

Legislation to create the authority was first introduced in 1975. The Regulated Activities and Energy Committee gave the proposal a public hearing but took no further action on it. In 1976 legislation was introduced on behalf of the city, allowing it to condemn the water company's property. This bill was given a House favorable report by the committee. Ultimately, the legislature passed a bill (SA 76-68) establishing a commission to study the feasibility of establishing a regional water authority.

The commission had 17 members, one from each town served by the New Haven Water Company or that had company land within its boundaries. The commission issued its report in January 1978, recommending formation of the authority. The report also included the commission's recommendations regarding the governance of the authority, payments in lieu of taxes on authority property, and several other issues.

Legislation to create the authority was introduced in 1978. The Regulated Activities and Energy Committee held two public hearings on the bill, one of which was held jointly with the Environment Committee. The legislation creating the authority was passed late in session and vetoed by the governor, who expressed concern about its potential costs to the state among other things. The veto was overridden and negotiations began between the authority, the company, and the city, which still had an option to buy the company. After extensive negotiations, a purchase agreement between the authority and the company was entered into in August 1980, and the authority began operations shortly thereafter.

The authority's creation is the subject of Who Wants to Buy a Water Company? (1996), which is available in the Legislative Library. OLR memo 99-R-0373 summarizes the legislation that established the authority and describes its powers and how it is regulated. OLR memo 94-R-0615 describes the authority's power to sell land.

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