New Rules Balance Fresh Water Usage

The state’s Department of Energy and Environmental Protection (DEEP) will implement new standards and regulations for stream flow in Connecticut, rules that agency officials say will balance the state’s need for fresh water sources with conservation efforts.

“Connecticut is blessed with an ample supply of freshwater but a wise and effective approach to its use is required to strike the right balance between human and ecological needs,” said DEEP Commissioner Daniel C. Esty.  “Proper management of our water resources is critical to ensuring the state’s future economic development while maintaining the health and welfare of our citizens and the environment.”

“We thank the broad spectrum of stakeholders and others who worked with us to craft these regulations as well as members of the Regulations Review Committee who took the time to work them through with us,” Esty added.  “These new regulations are based on sound science and environmental needs, but offer a realistic, flexible and cost effective means of accomplishing our water-related goals.”

The new rules were approve by the General Assembly’s Legislative Regulations Review Committee recently. Key provisions of the regulations include:

•  Rules governing the release of water from dams, including those at 60 major public water supply reservoirs. These rules will help ensure sufficient water – at all times of the year – to protect the health of overall stream ecology while providing for human uses.
•  A public process to assign  rivers to one of four classes, ranging from “natural” – characterized as having natural flows – to those where development and other factors have significantly altered the natural stream flow.  Each class will require a different balancing of human and ecological needs.
•  Several special provisions to help balance human and ecological needs, including exemptions and variances.  These include specific drought “off ramps” that will allow water companies to release less water downstream during critical drought conditions and to meet critical supply needs subject to water conservation provisions.

The DEEP proposed the stream flow regulations in response to requirements in legislation approved by the General Assembly and signed into law in 2005 (PA 05-142). The law directed the state agency to develop regulations that would expand the coverage of existing minimum stream flow standards to include all rivers and streams – rather than only those stocked with fish as was previously the case. The statute also directed DEEP to develop standards that allowed the state to meet human needs for water while preserving and protecting aquatic life, fish and wildlife that are dependent on the flow of rivers and streams. The new regulations will give regulated entities a minimum of 10 years to make any necessary infrastructure improvements.