An Update on Alabama Water Policy
Alabama’s Sipsey Wilderness - Photo by Danny Smith
Yesterday I attended the annual Alabama Oil and Gas Seminar to earn Continuing Legal Education credits before year end and I was privileged to hear an “Update on the State Water Management Plan” by my good friend Bennett Bearden. This post is a succinct summary of what I gleaned from his excellent presentation.
In January 2018, Governor Kay Ivey disbanded the Alabama Water Agencies Working Group (AWAG) and, pursuant the the Alabama Water Resources Act, directed the Alabama Water Resources Commission (AWRC), ADECA, and the Alabama Office of Water Resources to develop a Roadmap for developing a state Water Management Plan guided by AWAG and Geological Survey of Alabama (GSA) findings and recommendations. The Roadmap is to include recommendations on next steps, proposed timelines, and estimated funding to produce a State Water Management Plan. The AWRC delivered a Roadmap to the Governor in November 2018. Implementation of the Roadmap to develop a State Water Management Plan will be a multi-year process with a targeted completion of July 1, 2020. The Roadmap does not recommend any new legislation.
In April 2019, Representative Neil Rafferty (D-Birmingham) introduced HB476, labeled “The Alabama Water Conservation and Security Act (AWCSA). The bill failed to get out of committee. It was similar to HB416 introduced in 2018 and HB577 introduced in 2017. These bills focus on the protection of minimum stream flows and would effect how water is withdrawn, used, and moved. Some of the significant provisions of HB476 were:
Require the State to protect the flow of water in watersheds
Provide a science-based narrative standard for protecting stream flows
Modify the Alabama Water Resources Act to ensure that stream protection is coordinated with other management activities
Here are the key water management issues in Alabama to monitor going forward:
The development of a State Water Management Plan
Water Use Reporting
Regulation of Inter-basin Transfers (How small of a HUC unit would be used to designate a regulated basin?)
Minimum in-stream flows
Regulation of Dam Safety
Water Quality Effects on Water Quantity
This is only a very brief summary of water management issues in Alabama. Much more detailed information can be found in the various reports and studies available online. See: https://adeca.alabama.gov/Divisions/owr/watermanagement/awawg/Pages/default.aspx
