Policy Recommendations for a Successful and Sustainable

Water Management System

“You never miss the water ’til the well runs dry.” –Rowland Howard

Coalition for Water Security January 2007 6

Introduction Managing Water Withdrawals. Rhode Island Clean, affordable water is critical to the health and does not have a system in place to manage water well being of all Rhode Islanders. We need clean withdrawals. The state cannot balance its water water to drink, sufficient clean water in the state’s budget without a way to assure that priority needs streams, lakes, and wetlands to protect aquatic life, are met in areas where there is competition for and reliable water for a vibrant economy. The state water. The Water Resources Board must quickly is currently blessed with abundant water, but the develop and implement a statewide system for supply is not inexhaustible. authorizing water withdrawals that is consistent Water use is outgrowing the capacity of many with the standards for maintaining stream flows systems. Insufficient investment in and water levels. conservation, efficiency and infrastructure maintenance has reduced the reserve water Reducing Demand. Summertime water use for capacity that provides us with security during low suburban communities is significantly higher, and precipitation years. Increasing and competing sometimes double, the use for the rest of the year. demands for water resources in Rhode Island lead This summer peak use (primarily from lawn to uncertain conditions for economic development watering) drives the need for investment in costly and have begun to dangerously draw down some new water supply infrastructure. Rhode Island can rivers, ponds and wetlands. regain some of its lost reserve capacity and control future costs through proven demand management The Coalition for Water Security, a consortium of techniques including efficiency, conservation, and well-known state and local organizations, believes water reuse. The Water Resources Board and Rhode Island must change the way it manages the Public Utilities Commission should create water supply to meet the most critical needs and incentives and programs for suppliers, preserve the state’s most valuable assets: its natural distributors and end users for a more resources. Existing policies and governance do not sophisticated and effective capacity for demand ensure that all essential needs for water over the management. long run can be met. Permanently Protecting Water Supplies Rhode Island needs to act now to change water Through Land Conservation. Lands across management policies and its water budget. The Rhode Island have been acquired to protect Coalition for Water Security has spent the past year supplies. However, there is no analyzing and developing these policy provision to ensure that land rights acquired with recommendations. We have looked at the ratepayer or state funds cannot subsequently be experiences of other states, as well as built on the sold or developed, an act that would put our water work of the Rhode Island Water Allocation supplies at risk. The General Assembly should Program Advisory Committee. declare that any lands acquired to protect In this report, the Coalition for Water Security drinking water supplies shall be permanently recommends actions in four key areas of water protected and only be used for the purposes for policy that must be addressed now to develop a which the land was acquired. successful and sustainable water supply management system: Z

Protecting Natural Resources. Rhode Island The Coalition for Water Security advocates a cannot balance its water budget without knowing water system with sufficient management how much water to leave in the natural system. capacity to protect stream flow and enough The Department of Environmental flexibility to accommodate future growth. This Management (DEM) must quickly establish report gives further background information on standards and criteria for maintaining stream each of these critical areas of state policy and flows and water levels in all rivers, streams, wetlands and natural water bodies. elaborates on the recommendations.

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The Hunt River is also flow-stressed by water withdrawals for supplies in North Kingstown, Kent Protecting Natural Resources County and Quonset. During the summer of 2005, the flow in the Hunt River was severely Background diminished. Rivers, ponds, wetlands, and Narragansett Bay are living aquatic systems that rely on both clean and In the Blackstone River watershed, the Abbot Run abundant water to be healthy. Water is a finite sub-basin has the highest level of stress from water resource. The water that flows in our streams and withdrawal. These withdrawals provide water to ponds and the water that is saved in groundwater Pawtucket and North Attleboro. come entirely from the rain and snow Rhode Island Unnaturally dry and severely low rivers are largely receives through the year. The amount of water in a unavailable for drinking, manufacturing, tourism, river or stream is measured as flow, the volume of fishing, swimming and boating. Low flows also water flowing past a particular point during any damage aquatic life. given period of time. Flow is naturally variable, changing in response to weather conditions and the Recommendations seasons of the year. Water withdrawals from both Rhode Island must quickly establish standards groundwater and surface waters decrease the flow and criteria for maintaining stream flows and of Rhode Island’s rivers and streams. water levels in all rivers, streams, wetlands and Deciding how much water is available for natural water bodies human use and creating a water budget DEM should be required to develop presumptive1 requires that a determination be made about numeric standards and criteria for maintaining how much water to leave in the natural system. stream flows and water levels using desktop Sustainable water management requires balancing analyses (rather than field studies) that apply to all human demand for water with the requirements of fresh waters of the state (lakes, ponds, wetlands, the natural system. Other states, including rivers and streams) by July 2008. The desktop neighboring Connecticut and Massachusetts, are analyses will rely on existing data, making this developing numeric standards that define how approach relatively inexpensive. The DEM can much water must remain in a river, stream or model these standards on those under development wetland to maintain a healthy natural system. Once in neighboring states. The process should be in place, these standards can be used to provide flexible, allowing for refinement of the standards new and existing water users with predictable based on watershed-specific studies. withdrawal limits that ensure the long-term The Coalition recommends the following of the state’s water resources. Rhode legislative language: “By July 15, 2008, the Island currently lacks clear, specific, statewide Department of Environmental Management shall standards that define how much water our state’s develop narrative and numeric standards and rivers, ponds and wetlands need. criteria for maintaining stream flows and water Because Rhode Island does not manage its levels in all rivers, streams, wetlands and natural water budget, some of our river systems are water bodies within the State of Rhode Island. over-utilized and are showing unnaturally low Said standards shall (1) be incorporated into the flows. The Pawcatuck River system, the sole state’s Water Quality Standards; (2) be based on source of water for 14 towns in southern Rhode natural variation of flows and water levels; Island and four towns in southeastern Connecticut, (3) preserve and protect natural aquatic life, is particularly sensitive, with low flows especially including diadromous fish; (4) be consistent with apparent in the Chipuxet River. The combined the needs and requirements of public health, water water withdrawals from the Chipuxet by the supply, flood control, industry, public utilities, University of Rhode Island, the Kingston Water District and United Water can exceed the river’s 1 With a presumptive standard, applicants would have an capacity and result in a dry riverbed during the opportunity to demonstrate that the standard should not summer and early fall. apply in their particular case.

Policy Recommendations for a Successful and Sustainable Water Management System Page 2 public safety, agriculture, public recreation and The state needs to manage water withdrawals to other lawful uses of such waters; (5) be statewide support economic development presumptive standards, but may allow for later development of more detailed or basin-specific Water management should support Rhode Island’s standards; and economic strategy. The current patchwork system (6) include criteria for designating watersheds most does not assure that water will be available for at risk from cumulative water use and watersheds water suppliers and water users. Rhode Island with exceptional natural resource value.” needs to manage water withdrawals to meet our current needs and provide a margin of safety for drought periods and for economic development. Managing Water Withdrawals Recommendations Background Rhode Island should implement a statewide Rhode Island does not have a system in place to system for authorizing water withdrawals. manage water withdrawals. The Water Resources Board has authority to manage the withdrawal and Using the standards to maintain stream flows and use of the waters of the state, but management water levels established by the DEM, a water programs have not been implemented. DEM has withdrawal authorization program would assure authority to review new withdrawals through the that water is equitably distributed and priority wetlands regulations, but existing withdrawals are needs are met. Authorizations should require not addressed in this way. As a result, the state has information on uses of water and plans to reduce no way to assure that our rivers are being non-essential uses. Authorizations to withdraw are protected, that priority needs are being met, or to also a good vehicle for requiring demand resolve competing demands for water when there management. Water withdrawal authorizations are multiple withdrawals from the same source. would increase the reliability and security of water supplies. Rhode Island cannot assure that priority needs will be met without a system for managing Rhode Island is far behind the other states in New water withdrawals. England (and across the country) in not having The state needs a way to make sure it can provide such a program. Rhode Island should learn from water for our highest priority uses. The top what other states have done and avoid the problems priorities are: that they have encountered. ‚ Clean water for drinking and sanitation The Coalition recommends the following policies: ‚ Healthy levels of water in our rivers, lakes, ponds and wetlands, so they support fisheries, 1) Strengthen the authority of the Water recreation and thriving ecosystems, on which Resources Board to review and authorize the health of the Bay depends withdrawals2, including a prohibition on withdrawal without authorization, procedural ‚ Sufficient water for fire suppression protections and enforcement authority. Funding for ‚ Reliable clean water for economic uses, the necessary work at the Water Resources Board including agriculture and tourism can come from a combination of applicant fees and water use surcharges. Meeting priority needs requires a way to resolve competing demands for water in watersheds where multiple withdrawals occur. The state also needs to assure sustainability across watersheds (since water supplies cross watershed lines and many supplies 2 The Water Allocation Program Advisory Committee selected are interconnected) and mechanisms to limit non- 8,200 gallons per day as the threshold above which authorization essential uses of water and encourage cost effective for withdrawal should be required (with modifications to include water management. seasonal withdrawers). As this was a well thought out and consensus position, it makes sense to adopt that position for legislation.

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2) Direct the Water Resources Board to Reducing Demand promulgate regulations including: ‚ Procedures for obtaining an authorization to Background withdraw water. Levels and patterns of water consumption vary dramatically among different users. Summertime ‚ A method for determining how much water is water use for suburban communities is available for withdrawal within the watershed significantly higher, and sometimes double, the use in which the withdrawal occurs based on the for the rest of the year. This summer peak use standards and criteria adopted by the DEM for (primarily from lawn watering) drives the need for maintaining stream flows and water levels in investment in costly new water supply all rivers, streams, wetlands and natural water infrastructure. Rhode Island can regain some of its bodies. lost reserve capacity and control future costs ‚ A process for the DEM to verify that any through proven demand management techniques withdrawal authorization proposed by the including efficiency, conservation, and water reuse. Water Resources Board is consistent with these The state should address the following issues standards. related to peak demand: ‚ A requirement that the Water Resources Board Water use peaks when water is most scarce. consider the cumulative impacts of all existing The natural flow of rivers and streams is highest in and expected withdrawals within a watershed the spring, with melting snow and spring rains, and when issuing a water withdrawal authorization. lowest in the summer and early fall, when rain is This will ensure that environmental standards less and trees are in full leaf. Rivers, streams and and priority water needs are met. wetlands are therefore most sensitive to water ‚ A requirement that and withdrawals during the summer and early fall – the demand management be included in water very time when demand for water peaks in Rhode withdrawal authorizations. Island. It is not unusual for water use to double over the summer, exactly when the least water is ‚ Assistance with residential conservation and available. demand management. Rhode Island has inadequate incentives for 3) Direct the Water Resources Board to develop water conservation and no effective mechanism an implementation plan in consultation with the to control non-essential uses, so higher priorities DEM, water suppliers and municipalities. The plan are being shortchanged. may establish different authorization approaches Two island communities whose water use is for different user types. Authorization requirements obviously constrained – Jamestown and Block can also be phased in, beginning with watersheds Island – do implement effective controls to reduce that are currently at or beyond sustainable water peak demand in the summer, but for the most part use levels and watersheds with high ecological local attempts to control summer water use are value. All significant withdrawals should be limited and generally not effective. required to register and report use volumes. Conservation pricing is one proven best practice in 4) Authorize a mechanism to assist cities and demand management. Water prices or rates for towns to plan for water use to support growth most Rhode Island suppliers are set by that is consistent with Rhode Island’s Land Use municipalities or the Public Utility Commission, 2025. and the existing rate structures are not sufficient to create strong incentives for efficiency and conservation or to discourage excessive or non- essential water use.

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The need to plan to meet peak demand forces The Coalition’s recommendations are: water suppliers to invest in expensive new ‚ The plans should be renamed Water System sources. Supply and Demand Management Plans New water supply is often either extremely (WSSDMPs) to emphasize the importance of expensive or not available. Expensive new supply demand management. Individual water supply is proposed primarily to meet peak demand that is systems would have flexibility to choose driven by non-essential water uses. demand reduction strategies most appropriate for their system. Reaching the consumption Recommendations goal will require time for many systems, so Rhode Island can do a much better job at demand plans should contain a compliance schedule. management. Demand management can reduce or Conservation plans should be submitted no even avoid the need for construction of expensive later than June 30, 2008. The Water Resources new supply. Demand management effectively Board should provide technical assistance to creates a new supply of water that protects our suppliers to support their residential demand natural resources and does not interfere with reduction programs and to assist with their essential uses of water. If we implement effective conservation plan implementation. The demand management practices now and build them conservation elements of the WSSDMP should into our planning, we can avoid burdensome crisis be incorporated in the authorization of measures and increase predictability of supply for withdrawals. the future. The Water Resources Board and the Public Utilities Commission should create ‚ Systems should report implementation incentives and programs for suppliers, distributors progress annually to the Water Resources and end users for a more sophisticated and Board. One option for enforcing submission of effective capacity for demand management. an approvable plan and compliance with the plan is to require the Water Resources Board to Some of the critical elements of a demand make a finding of compliance with the plan management plan are: before releasing water quality protection 1) Water suppliers should be required to have charges (currently 1/3 of the rates) or Clean enforceable demand management programs. Water Finance funds to suppliers. Providing As part of the withdrawal authorization process, for administrative fines for non-compliance is the Water Resources Board should require each likely to be less effective, given the reluctance system to have a plan to comply with the water to fine municipal systems (and in any case, the withdrawal limits established in their authorization. penalty is merely passed along to the Each plan should have a conservation element that consumers). would include programs to reduce peak demand 2) Conservation pricing should be enabled and and use water more efficiently, and a plan to meet encouraged. Prices send a very effective signal to the statewide goal for average water consumption customers. Prices should reflect the real costs in (described below). For communities that exceed infrastructure expense, environmental harm and their water authorization limits, additional forgone economic opportunities. Conservation conservation measures may be needed to reduce pricing allows consumers to make informed summer peaks. decisions about water use. The Coalition The Legislature should require that demand recommends that conservation pricing be management be included in the water withdrawal structured so customers with low consumption for authorization regulations developed by the Water essential uses would be protected by low (life-line) Resources Board. The legislation could direct the rates. Because of the many advantages of Water Resources Board to specifically consider conservation pricing, this strategy for demand certain recommendations during rulemaking. management should be particularly encouraged, and all barriers to the use of conservation pricing

should be removed.

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The legislature can help the state achieve water water quite efficiently, others use water at rates prices that better reflect the real value of water by: that far exceed what their population would reasonably require. A statewide goal for per capita ‚ Specifically requiring that communities water use would help everyone to recognize that consider pricing changes to reduce demand, efficient water use is necessary. As the goal is especially over the summer, as part of their implemented, it would start to reduce demand demand management plans. during the summer months when water supplies ‚ Directing the Public Utilities Commission to and our rivers and streams are most at risk. Such a respond favorably to conservation pricing goal would not be a mandated limit per household, proposals from water suppliers, and allowing but instead a system-wide average goal to help expenses in support of conservation pricing to water suppliers measure the effectiveness of their be recovered. For conservation pricing to be demand management programs. most effective, consumers need quick feedback The Legislature could direct the Water Resources about how much water they are using and what Board to quickly promulgate regulations that set a it is costing them. Remote read meters and goal for per capita water consumption by monthly billing are important tools in making residential consumers, drawing on the experience this happen. Legislation could clarify that these of nearby states. This goal would provide one expenses are recoverable. Although Public performance standard for evaluation of the Utilities Commission rules do not prohibit conservation element of the water suppliers’ plans conservation pricing, the time and expense to submitted to the Water Resources Board. This goal get through a Public Utilities Commission should have statewide applicability – all should proceeding can be a deterrent to systems that share the burden, since all benefit. This standard want to try this approach. Legislation would also provide guidance for consideration of expressing a preference for conservation potential new water supplies. New supplies would pricing can make the outcome of such not be considered until the average residential proceedings more predictable, and thus consumption rates in that community met the goal. encourage greater use of this important demand management tool. 4) Major users should conduct and comply with the recommendations of an independent water ‚ Specifically providing for establishment of efficiency audit. Conservation plans should revenue stabilization funds by water include provisions to ensure that major users have suppliers. Conservation pricing strategies are had a water efficiency audit conducted by an likely to have unpredictable initial effects on independent auditor and have implemented (or are the revenues of water suppliers. The on a schedule to implement) recommended water authorization of revenue stabilization funds and conservation and wastewater reuse practices. The mechanisms for the recovery of conservation use of potable water for evaporative cooling is of investments by local suppliers is a critical particular concern since it contributes to summer aspect of conservation pricing. So, too, is the consumption peaks. Evaporative cooling therefore establishment of enterprise funds through should receive special attention and the which suppliers can direct a portion of substitution of non-potable water should be revenues to capital funds dedicated to support considered. infrastructure maintenance and replacement. State laws should be revised to provide for The Legislature can help achieve this objective by creation of such funds by all systems, whether requiring the Water Resources Board to include or not regulated by the Public Utilities this provision in its rules for water withdrawal Commission. authorizations. 3) Rhode Island should have a goal for per 5) Water banking (and/or offsets) should be capita residential consumption. Rhode Island required of new consumers in stressed basins. currently has a huge range of water consumption As prerequisite to connection to a public water patterns across the state. Some communities use

Policy Recommendations for a Successful and Sustainable Water Management System Page 6 system, proposed development in stressed basins The Legislature can help address this problem by should be required to offset the new water demand requiring that private well registration by reducing demand (at a ratio of 2 units reduced procedures be updated to include precise to 1 unit of new consumption) elsewhere in the position, as determined by Global Positioning system. This approach allows economic Satellite, and be submitted on an on-line system development in areas that are water constrained that stores information in a publicly accessible while not making the situation worse. The database. The Legislature should require that Legislature can ensure that the state maintains large developments that currently drill multiple opportunities for economic development while small wells for their supply be subject to the addressing water constraints by directly requiring same requirements as public supplies. water banking in legislation, or by directing the Water Resources Board to promulgate rules 8) Enable the appropriate reuse of water. The requiring this approach. reclamation, reuse and/or of wastewater and water (including storm water, 6) Land use strategies should be utilized to control water demand. The state’s Land Use gray water, industrial process water and other 2025 encourages development to be concentrated non-potable water) for beneficial reuse should be within the urban services boundary – where water incorporated into the state’s overall water supply infrastructure is available. Local strategy as a viable alternative water source. communities may require technical assistance in making their comprehensive plans and the zoning ordinances that implement them consistent with Permanently Protecting Water Land Use 2025 and informed by local constraints Supplies Through Land on water supply. Local zoning ordinances should limit irrigated areas and require drought-tolerant Conservation landscaping. Impact fees for irrigated areas are an Background alternative to outright limits, but have not yet been Protecting the lands around our public drinking used for this purpose in Rhode Island. water supplies is essential to Rhode Island’s water security. Protecting these watershed lands helps The Legislature could make these goals a reality by ensure a high quality water supply because specifically referencing the goals of Land Use protected, forested lands filter out pollution and 2025 in the water management legislation, and contaminants from runoff before they can enter the expressing a goal for the state to make public water supply system. State law has development choices that reflect the real recognized this principle for decades. The state’s constraints of a sustainable water supply. Water Quality Protection Fund was initiated to ensure implementation of this strategy (land 7) Private wells should be accurately located conservation) for protecting drinking water and registered on-line in a data base, and should supplies. not be used to evade consumption goals or public water supply regulations. Some Unfortunately there are no provisions in statute, or consumers may seek to install private wells to in the Water Resources Board rules, to ensure that allow continued lawn watering as prices go up and land rights that have been acquired and held in other constraints on summertime water use are public trust to protect our drinking water supplies implemented. The higher prices go, the more cost cannot subsequently be sold or developed3, even if effective a private well will seem. In some areas this will make the water problems worse, as the 3 Senate Bill 2497, adopted by the General Assembly in private well simply pulls water from the public 2006, addresses this threat for state-owned parks and supply. Some mechanism to prevent this from management areas. Most land that has been acquired to happening on a large scale and to monitor how protecting drinking water supplies is not state owned. Yet many new wells are installed should be included in these protected lands should have the same system of the rules. “good government” checks and balances as state parks and management areas to ensure their long-term protection.

Policy Recommendations for a Successful and Sustainable Water Management System Page 7 the water supply that the land protects is still used Conclusion as a public water supply or is included as part of a public water supply plan. Rhode Island has significant potential to better manage our water supply and reduce our demands Ratepayers and taxpayers who have funded land on the system in order to meet all of our needs. The conservation to protect drinking water supplies Coalition for Water Security urges the Governor should be assured that land and rights of land and General Assembly to act this session to adopt acquired for the purpose of water supply protection these recommendations. We look forward to the shall only be used for the purposes for which they opportunity to work with other interested parties to were originally acquired. develop solutions to meet Rhode Island’s water needs. Recommendations The General Assembly should amend RIGL 46- Coalition for Water Security 15.3-11 to declare that any lands acquired for The Coalition for Water Security is made up of water supply protection purposes with, or prior Rhode Island groups dedicated to the development to, the Water Quality Protection Fund shall only of a rational water supply system that protects be used for the purposes for which it was natural waters while allowing dependable supply originally acquired. for our residents and for economic development.

Coalition Partners: Aquidneck Island Land Trust x Audubon Society of Rhode Island x Clean Water Action Conservation Law Foundation x Environment Rhode Island x Grow Smart Rhode Island Narragansett Bay Estuary Program x Narrow River Preservation Association Rhode Island Economic Policy Council x Rhode Island Land Trust Council Sierra Club Rhode Island Chapter x Save the Bay x Trust for Public Land Wood-Pawcatuck Watershed Association

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