Water Supply Issues in the Finger Lakes Region

1. Water Supply Issues in the Finger Lakes Region Sarah Evans Finger Lakes Institute Internship Advisor: Professor Rimmerman Fall 2004 www.multi-fax.com/ lakes.htm

2. Water Supply Definition: • The water available for a community or region. • The source and delivery system of such water. Focus: Legislation governing diversions and changing uses of water from the Great Lakes and Finger Lakes. http://www.thefreedictionary.com/water%20supply

3. Ownership Economic considerations Privatization of water supply industry Regulation Level of government Application of consistent standards Environmental Impact Cumulative impact Enforcement of regulations Why worry about water supply?

4. Goals of Internship • Research • Policy history • Current initiatives • Education • Critically review current legislation • Produce executive summary of findings • Community involvement • Attend local events • Raise public awareness • Prepare community for future www.winecountrycabins.com/ img/wineinsun.jpg

5. The Great Lakes • Represent 20% of world’s available fresh surface water • 95% of United States’ fresh surface water • Provide drinking water for 40 million people in the United States • Less than 1% of the water is renewed each year! http://www1.ncdc.noaa.gov/pub/data/images/great-lakes-ice-avhrr.gif

6. Great Lakes Policy History • Boundary Water Treaty of 1909 • Lake Michigan Diversion Supreme Court Consent Decree of 1967 • Great Lakes Charter of 1985 • Water Resources Development Act of 1986 • 2001 Great Lakes Charter Annex

7. Govern NEW proposals to withdraw or divert water from the Great Lakes Apply to proposals to INCREASE current water withdrawals and diversions Annex Agreements www.peopleandplanet.net/ graphs/greatlakesmap2.gi

8. Created between 8 States and 2 Canadian Provinces bordering the Great Lakes: Quebec, Ontario Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, Wisconsin Great Lakes Basin Sustainable WaterResources Agreement Voluntary international “good faith” agreement Great Lakes Water Resources Compact To be approved by Congress Enforceable in U.S. Federal Courts 2001 Annex Agreements

9. Approval based on potential for ecosystem harm Attitude of environment before economics Must conserve water Return water to same exact location Must return same water Quality of water must be same or better Result in no significant environmental impact IMPROVE the ecosystem!! Standards for Approval www.se.gov.sk.ca/.../ lakeshore.htm

10. Local review only- under 1 million gallons/day averaged over 120 days Regional review- Over 1 million gallons/day averaged over 120 days for out-of-basin use Approval by all 8 states needed Regional review- over 5 million gallons/day averaged over 120 days “Super-majority” of 6 to 2 states needed Approval Process wallpaper.net.au/wallpaper/ space/Great%20Lake

11. Provides an environmental standard for decision making process Make review process bi-national Legally binding and enforceable in the United States Stronger regional water management Covers all waters, including surface water, ground water and tributaries Users required to conserve water Balances economic development with environmental stability Involves public in policy process Benefits of Annex Agreements http://www.eleanortowns.com/Images/HandsClapping2.jpg

12. All existing water users and new diversions under 250,000 gallons per day for in-basin uses EXEMPT Return flow requirement does not apply Standard could be applied inconsistently Averaging period is too long In-basin standards phase-in period is ten years Once a permit is granted it does not have a time limit Examination of cumulative effects should be on a local level Negative Aspects of Annex Agreements

13. Create a cohesive overall management plan Determine exactly how much water is currently being withdrawn, can the ecosystem sustain this level of use? Improve conservation efforts Form a scientific advisory board to collect, interpret and disseminate data Guarantee opportunities for public involvement at all stages Suggested Improvements to Annex Agreements

14. Composed of eleven lakes Spans 14 counties Includes 5,000 square kilometers Serves as headwaters to Great Lakes Population of region is 1.2 million 22.2 million visit region annually Current water withdrawals estimated to be 200 million gallons/day Finger Lakes Region (Balyszak, FL-LOWPA Conference, 2004)

15. Seneca Lake • Volume: 4.2 trillion gallons • Over 50% of total volume of Finger Lakes • Area: 66.3 square miles • Provides drinking water to 70,000 people www.winecountrycabins.com/ img/eastmap.gif Seneca Lake Pure Waters Association

16. Why is water supply a concern for the Finger Lakes Region? • Finger Lakes on DEC’s 2004 303(d) List of Impaired Waters • Identified as unable to support appropriate uses • At the current rate of consumption Seneca Lake would be dry in 57 years (NYS DEC 303(d) List) deserts.free.fr/

17. Application to Finger Lakes • What would it take to adopt a document like the Annex Agreements in the Finger Lakes?

18. Current Finger Lakes Policy • No overall policy governing water withdrawals and diversions!!!! • Water supply management needs driven by: • Navigation • Public Water Supply • Permit system used at local level (Eidt, S. Personal Communication.)

19. Permit required to: Install a new water supply system Change an existing water supply system Acquire land for an existing or new system Permits submitted to local jurisdiction Permit approval occurs at local level Permit system focuses on municipalities, not commercial uses NO regional or statewide oversight! New York State DEC Regulation (6 NYCRR Part 601) Permit System http://www.dec.state.ny.us/website/regs/part601.html

20. Need framework to stand up against legal challenge to current policy Developed critique of Great Lakes Annex Agreements Completing suggestions on adaptation of Annex Agreements to protect the Finger Lakes Region Must educate and raise awareness before demand for Finger Lakes water increase Database entries Geneva League of Women Voter’s speaking engagement Future of the Finger Lakes

21. References • 25 Year Plan for the Great Lakes: Executive Summary (http://www.dec.state.ny.us/website/greatlakes/25year.pdf) • Great Lakes Directory 2001 (http://www.dec.state.ny.us/website/greatlakes/gldir.pdf) • Great Lakes Basin Water Resources Compact http://www.dec.state.ny.us/website/greatlakes/compact.pdf • Council of Great Lakes Governors http://www.cglg.org • Request for Public Comment and Great Lakes Basin Sustainable Water Resources Agreement http://www.dec.state.ny.us/website/greatlakes/summary.pdf • New York State Department of Environmental Conservation. http://www.dec.state.ny.us/website/regs/part601.html • Political Diversions: Annex 2001 and the Future of the Great Lakes http://www.powi.ca/nikiforuk_June2004.pdf • International Joint Commission, Protection of the Waters of the Great Lakes: Final Report to the Governments of Canada and the United States. • Seneca Lake Pure Waters Association. Seneca Lake Watershed Facts Acknowledgements: Thank you to the Finger Lakes Institute staff for their enthusiasm and invaluable advice.