Malloy: Water a public trust
HARTFORD — The governor is bypassing the General Assembly to implement a controversial plan that designates the state’s water resources as a public trust.
Gov. Dannel P. Malloy signed an executive order this week directing the state Water Planning Council to “immediately implement” the state’s first water plan. The General Assembly failed to vote on the plan during the legislative session.
“We should all be able to agree that water is a precious resource that should be protected for the public’s interest and safeguarded for future generations in the event of emergencies,” Malloy said.
“(The) executive order does just that, ensuring that we waste no time safeguarding our clean water supply.”
The governor also ordered the state Water Planning Council to resubmit the water plan to the legislature when lawmakers reconvene next year.
Although legislative hearings were held on the water plan, the House and Senate did not vote on the document after objections arose to declaring the resource a public trust — a legal term opponents said could be used to reconsider existing water rights and diversions.
“It raises significant concerns regarding how this will impact the established water rights of public water suppliers, business and industry, agriculture, municipalities and other water users,” said John Herlihy, vice president of water quality for the Aquarion Water Co.
“It creates significant uncertainty that will invite legal challenges to established water rights, including registered diversions, diversion permits and other regulated water uses,” Herlihy told lawmakers during a public hearing.
Malloy said the concept of water as a public trust has been in state law for 40 years, and said his executive order only “recommits” the state to that definition.
“The State Water Plan is a critically important initiative that puts the needs of Connecticut families ahead of the commercial interests of private water utility companies and big businesses,” Malloy said.
Water battle brewing
While much of the water plan’s management and quality standards drew nearly universal support, disagreement centered on the public trust declaration. That debate is expected to spill into the upcoming legislative session.
Kathryn Dube, director of legislative services for the Connecticut Council of Small Towns, said the plan is a stretch.
“The plan exceeds its authority by incorporating a reference to the public trust doctrine in a way that creates enormous uncertainty regarding how the plan will affect established water rights,” Dube said during a public hearing.
“Given the ongoing budget challenges facing the state and our municipalities, we are concerned the reference to the public trust doctrine may undermine the availability of water supplies needed to support economic development opportunities, sustain existing businesses and move forward with critical infrastructure and building projects.”
Louis Burch, program director for the Citizens Campaign for the Environment, said there is nothing wrong with the water plan as written.