Virginia Water Policy: Historical Perspective

1
Virginia Water PolicyHistorical Perspective

• Bill Cox
• Department of Civil and
• Environmental Engineering
• Virginia Tech

2
Sources of State Water Policy

• Constitution
• Legislation
• Regulations
• Common law doctrines
• Governmental organization
• Administrative attitudes/perspectives concerning
  policy implementation

3
Water Policy in Early State History

• Narrow policy provisions created in a piecemeal
  fashion
• Water power development
• Navigation improvement
• Fisheries protection/utilization
• Water allocation by courts (riparian doctrine)
• Local responsibility for water supply

4
State Water Policy Milestonesof the Last Century

• 1946 Pollution controls created
• 1966 Comprehensive water policy and planning
  authority enacted
• 1971 New Constitution adopted with natural
  resources/environmental provisions
• 1972 Water supply and water quality programs
  consolidated
• 1973 VA Groundwater Act of 1973 enacted

5
Virginia Constitution, Art. XI, Sec. 1

• To the end that the people have clean air, pure
  water, and the use and enjoyment for recreation
  of adequate public lands, waters, and other
  natural resources, it shall be the policy of the
  Commonwealth to conserve, develop, and utilize
  its natural resources .

6
Virginia Constitution, continued

• Further, it shall be the Commonwealth's policy to
  protect its atmosphere, lands, and waters from
  pollution, impairment, or destruction, for the
  benefit, enjoyment, and general welfare of the
  people of the Commonwealth.

7
State Water Policy Milestonesof the Last Century

• 1946 Pollution controls created
• 1966 Comprehensive water policy and planning
  authority enacted
• 1971 New Constitution adopted with natural
  resources/environmental provisions
• 1972 Water supply and water quality programs
  consolidated
• 1973 VA Groundwater Act of 1973 enacted

8
Policy Milestones of theLast Century, continued

• 1972 Natural Resources Secretariat created
• 1977 State Water (Study) Commission created
• 1970-80s River basin plans developed
• 1990s Increased focus on water quality planning
  and management / decreased water supply focus
• 2003? Increased interest in water supply
  management

9
Current Water Policy

• Elements
• Highest priority is given to human consumption.
• Municipal systems should have adequate offstream
  storage.
• Wetlands ecosystems should be preserved.
• Beneficial use includes instream offstream use.
• Ground water withdrawal should not exceed
  recharge.
• Reclaimed water should be used for appropriate
  purposes but not for domestic water supply.

10
Current Water Policy, continued

• Elements, continued
• Water project beneficiaries should pay.
• Waste of water should be prevented.
• State government should apply its police power to
  regulate water use.
• Water quality should be protected from
  unnecessary degradation.
• Continuous water planning is needed.

11
Current Water Policy, continued

• Characteristics/issues
• Relatively comprehensive
• Contains contradictions
• Requires continuous analysis/interpretation
• Unequal emphasis/implementation
• Water supply has received inadequate attention
• Flexible enough to allow adjustments to address
  inadequacies

12
Conclusion What Is Needed?

• Increased state water planning/policy
  analysis/conflict resolution capability
• Comprehensive but issue oriented
• Continuous
• Adequately staffed
• Coordinated with local water management

13
Conclusion, continued

• Enhanced state water supply planning/policy
  analysis is a major need in Virginia.
• Water supply management is complex.
• The state perspective is uniquely matched to many
  aspects of water management.
• Localities need guidance/facilitation.
• Total water-related benefits to Virginias
  citizens will not be maximized without greater
  state involvement.