On the Water Front: Sustaining Water in the 2009 Legislative Session
As the Oregon legislature convenes, the economy is certainly at the top of the agenda. However, if the lawmakers navigate through the economic morass to reach other business, a number of water issues could (and should) float to the top of their to-do list.
During the interim, there's been a lot of activity on the water front. A few legislative proposals have already surfaced and more will emerge soon. For instance, Governor Kulongoski's proposed budget includes funding for development of an integrated state water management plan; the recommendation is contained in a draft legislative concept (LC 663) as well. The proposal requires the Water Resources Department (WRD) and the Department of Environmental Quality (DEQ) to work together to develop data and strategies to forecast and meet Oregon's water needs.
Sounds like common sense, not rocket science, right? Do we really need a new law to make it happen? In fact, the proposal is more significant than it first appears, and it merits wholehearted support. Here's why. The expressed need for a "coordinated, integrated state water resources policy" has been on the books for a long time—since 1955, in fact—but no plan has ever been developed. (ORS 536.220.) Oregon is now one of only two of 18 western states without a state water plan. The new bill supplements the aspirational language adopted 25 years ago with an explicit mandate to WRD to "just do it"—and to get the job done by 2012 or else have some explaining to do to the legislature. Furthermore, WRD and DEQ are told to create a plan addressing both water quantity and water quality. Not rocket science, either, but a critical directive because existing state laws bifurcate responsibility for quantity and quality while the laws of nature recognize no such division. Water allocation laws implemented by WRD derive from the 1909 Water Code—and even older laws and customs—while most water pollution laws administered by DEQ arose much later, circa 1970s.
Given the inherently integrated nature of the water resource itself, WRD & DEQ must work together in order to develop a plan grounded in reality. The agencies are also directed to assess water needs for ecosystem services and instream flows (in addition to traditional domestic, agricultural, commercial, and industrial uses) and to deal with the formidable challenges of climate change and population growth—all important 21st century realities crucial to sustainable water management.
Sometimes, even in laws, it's necessary to state the obvious. Oregon law should explicitly require a state water plan—one that reflects the reality of integrated water resources and imminent water challenges.
Post authored by Janet Neuman, attorney practicing in the Water Law and Government Relations and Public Policy practice areas.
