Ridenbaugh Press/Water Rights

A North Carolina state grant – preliminary – of a 50-year extension of water use by Alcoa is being challenged by environmental groups in the area.

From a statement by the Yadkin Riverkeeper:

Last week, Yadkin Riverkeeper filed a Petition for Contested Case against the NC Division of Water Quality (DWQ). We are hopeful the Office of Administrative Hearing will grant a request for a Temporary Restraining Order to prevent the state from issuing the 401 Water Quality Certification necessary for Alcoa to receive another 50 year federal license. The DWQ failed to meet its legal duties to address water pollution problems authorized under the Federal Clean Water Act and the NC Constitution. The states report acknowledges “significant contamination” at Alcoa’s 47 hazardous waste sites, contamination in the swimming areas, dissolved oxygen violations and that some of the PCBs found are directly linked to Alcoa. It is the last chance to get the permit right for the next 50 years. Continue Reading »

North Carolina activists are moving to try to take back water rights long held by the aluminum production giant Alcoa – rights long used for job-intensive aluminum production but now sold to the highest bidder for hydropower and other uses.

The Charlotte Observer noted, “Water-rights advocates insist the hydropower, under company control since 1915, should benefit the people of North Carolina. In a state where drought and growth no longer make water a disposable resource, the populist stand has drawn some political support.”

The rights are located on the Yadkin River, and run for more than 30 miles.

Alcoa’s rights, up for review recently, have been held in abeyance while political action swirls around it. Governor Bev Perdue’s office said it endorses the delay in action, “while community concerns are evaluated and the state considers the most appropriate use of this public resource.” [see Charlotte [NC] Observer, January 25]

The government of Newfoundland and Labrador took a major step Tuesday with its quick passage of legislation essentially seizing much of the property owned in the province by the industrial giant AbitibiBowater. By Wednesday, the blowback began including the prospect of legal action.

The province’s action was quick: The measure, proposed by the provincial government, was introduced on Tuesday and passed before the day was out. The seizure was broad-based, and water rights were only a component of it – but were included among the assets considered the be “repatriated” to the province.

The firm said on Wednesday, through spokesman Jean-Philippe, that “We were just basically kicked out of the province by a last-minute piece of legislation . . . Because of what we have on the table, we will have to review our options, including of course any legal considerations. AbitibiBowater also needs to assess how this destabilizing precedent opens the door to some potential Canada-U.S. trade issues.”

AbitibiBowater is a major producer of newsprint, wood and other products, and has facilities elsewhere across Canada in other provinces.

The statement from Premier Danny Williams: Continue Reading »

The Cherokee Nation might in the next few months enter a legal action over water rights, a battle which so far has pitted the state of Oklahoma against large players in the poultry production industry.

The poultry producers have said that the state lacked proper standing to challenge their water uses, since the water at issue was controlled by the Cherokees.

However, Cherokee Nation Principal Chief Chad Smith, as a component of his annual address to the nation, remarked that “The poultry companies are requesting the attorney general’s lawsuit be dismissed, saying the state doesn’t own the water rights, but the Cherokee Nation does. We will be making a decision in the coming weeks as to whether we should become involved in this issue.”

[see Tahlequah [OK] Daily Press, December 16]

The Southwest Florida Water Management District’s Governing Board voted October 27 to tighten water restrictions for all of Hillsborough, Pasco, and Pinellas counties.

The Governing Board has enacted these additional measures at the request of Tampa Bay Water, the region’s wholesale water supplier. Tampa Bay Water requested the District’s assistance because its water supplies have not returned to pre-drought conditions.

In addition to continuing to restrict lawn watering to one day per week, the new water shortage order calls for local governments to strictly enforce the rules. Additional restrictions include:

Restricting the time for hand-watering or micro-irrigation for non-lawn landscaping to before 8 a.m. or after 6 p.m.
Postponing turfgrass renovation, such as replacing lawns, and taking other appropriate steps to avoid an increase in lawn or landscape water use.
Reducing the 60-day allowance for new plant establishment. During days 31-60, only every-other-day watering is allowed. Some cities or counties continue to have stricter allowances for new plant material.
Reducing the time aesthetic fountains and waterfalls may operate from eight hours to four hours per day.
Limiting the use of unattended line flushing by water utilities.
Requiring water utilities and other local enforcement officials to increase their enforcement efforts, including requirements to respond to citizen complaints and issue citations without having first issued a warning.

The District is still impacted from two years of drought and the region still has a 16-inch rainfall deficit for the past 24 months. All of the water resources have declined rapidly during the first month of the dry season and the U.S. Drought Monitor shows the region in abnormally dry to moderate drought conditions. While groundwater levels are at the bottom of normal ranges, all major rivers in the District are below normal and lakes continue to be one to four feet below normal. Moreover, forecasts are calling for drier than normal conditions through next spring.

Tampa Bay Water can only store six billion gallons of water in the C.W. Bill Young Regional Reservoir, which is about 40 percent of its capacity, until the cracks in the reservoir’s soil-cement layer are addressed. Tampa Bay Water estimates that if the region does not receive above average rainfall January through March, the reservoir will be depleted by early May 2009. Tampa Bay Water’s service area includes Hillsborough, Pasco and Pinellas counties, as well as the cities of New Port Richey, St. Petersburg and Tampa.

Variances are available if a property proposes an alternative irrigation plan (such as splitting a large property into two pieces and assigning a different day to each piece).

Water utilities are required to promote water conservation, conduct a system water audit, and take action based on the results of the audit.
Water utilities and other local enforcement officials must respond to District referrals and regularly report enforcement activity.
Phase II restrictions continue to apply to other water uses, such as agricultural and industrial activities.

www.WaterMatters.org/conservation. http://www.swfwmd.state.fl.us/news/article/1090/