EPA Issues Pesticides Statement

The U.S. Environmental Protection Agency (EPA) issued an interpretive statement and a proposed rule in response to recent court decisions that highlight the need for EPA clarification to the Clean Water Act’s (CWA) permitting requirements for the application of pesticides to or over the nation’s waters. The statement and proposed rule reflect EPA’s long-standing policy that a CWA permit is not required where application of a particular pesticide to or over water is consistent with requirements under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Any pesticide that is approved for use in the United States must undergo extensive study and review to help ensure that, when properly used, it does not pose unreasonable risk to human health and the environment.

Through this action, the agency is reinforcing the importance for local officials, resource managers, agricultural producers and other pesticide users of applying pesticides in accordance with their label directions. Applications of pesticides in violation of the labels are subject to enforcement under all appropriate statues, including FIFRA and the CWA.

New MTBE Regulations Proposed

Maryland Secretary of the Environment Kendl Philbrick has requested support for proposed emergency regulations to prevent MTBE and other petroleum products from reaching ground water supplies in certain parts of the state.

Philbrick told the Joint Committee on Administrative, Executive and Legislative Review that the regulations will require more frequent testing for vapors as well as liquid leaks and rigorous safeguards against leaks.

The regulations also will require increased ground water sampling, mandate regular testing of tanks and fittings and define steps that gas station owners and others must take when underground storage systems are suspected of contaminating ground water.

The regulations will apply in areas where wells are the primary source of household drinking water and local geology makes it impractical for homeowners to find a new water source.

New Pumping Approved for Vegas

Nevada’s state water resources chief has approved a plan that will allow the Southern Nevada Water Authority to pump up to 8,905 acre-feet of ground water a year from four basins in northwest Clark and Southwest Lincoln counties.

Officials said that with reuse and conservation the supply could serve 20,000 households.

The ruling requires the authority to gauge any effect pumping has on wells and natural springs in the surrounding basins. If water sources in surrounding areas are harmed, the authority could be required to cut or stop pumping. The water authority could be required to mitigate any damage with monetary payments or by injecting water under the ground.

Water authority officials have put the cost of developing the approved water rights at about $213 million, including a $55 million pipeline to connect new wells to the Las Vegas water system.

The plans to tap ground water were accelerated last year in response to the region’s record drought, now in its sixth year.

Rural Water Planning

The Arizona Legislature is considering a proposal to require many rural communities to produce drought and conservation plans and integrate their water planning with other cities and towns.

Advocates for the proposal also are asking for those communities to have the authority to reject proposed housing developments without long-term water supplies. Heavily populated areas of Arizona already have mandatory conservation measures, such as low-flow plumbing fixtures and special construction techniques.

Arizona Gov. Napolitano has vowed to seek more financial support for the state’s water department.

Water Compact Considered

Colorado state officials are considering a statewide water compact that would consist of a 25-member commission, which would include representatives from each of the state’s seven major river basins who would draw up deals for future water projects. The representatives could include water board members, wildlife experts, ranchers, environmentalists and anyone else who may want a seat at the table when water is discussed.

The plan will be modeled after the Colorado River Compact, which regulates water from Colorado to California.

The commission will be limited to oversight of multibasin deals and would have no power over single-basin projects. It also would not be able to change Colorado law, which recognizes water as an individual property right that cannot be touched.

Under the deal, Denver will give up its right to billions of gallons of water in the Eagle River in exchange for environmental and political support for a new reservoir that would hold up to 100,000 acre-feet of water. None of the reservoir’s water would be diverted to eastern Colorado’s heavily populated Front Range. It would be used to meet Denver’s existing commitments to Western Slope water users, while freeing up more water for Denver from another reservoir.

The project is expected is be financed and built cooperatively by Denver and suburban Aurora, a group of Eagle County water users and the Colorado River District, which manages the Colorado River. Among other things, it would set aside water that can be purchased by environmentalists to use when and how they want it to protect endangered fish and wildlife.
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