July 2005 LCAR Move Has Power to Protect Water

A July 2005 move by the Legislative Committee on Administrative Rules (LCAR) on the White River Basin planning process could have powerful implications for how water in Vermont is managed and protected.

Under the federal Clean Water Act, state’s are required to develop management plans for their watersheds. This is known as the ‘basin planning process.’ The White River watershed is the first of Vermont’s 17 watershed areas to go through the basin planning process in decades, even though the Vermont Agency of Natural Resources (ANR) has been required to update Vermont’s basin plans since the 1970s. Accordingly, the White River Basin Plan will set the precedent for how the waters in all of Vermont’s watersheds are managed.

A very important part of the basin planning process is the classification of waters. How waters are ‘classified’ determines how much protection Vermont’s precious streams, lakes, rivers and ponds will be afforded. The classifications are required by law to be based upon a solid foundation of scientific data. The classifications are implemented through rules that must be adopted by the Vermont Water Resources Board (WRB) and approved by the Legislative Committee on Administrative Rules (LCAR).

The WRB held hearings on ANR’s proposed classifications for the waters in the White River Basin in the fall of 2004. At that time, VNRC argued to the WRB that ANR’s proposal conflicted with its own scientific data and, if ANR’s proposed classification’s were adopted, some of Vermont’s high quality waters, including waters with known wild trout habitat, would be degraded. Unfortunately, the WRB approved the draft rules submitted by ANR and did not address any of the issues raised by VNRC and other concerned citizens.

To remedy what VNRC believes is an arbitrary and illegal decision, we joined with the local chapter of Trout Unlimited, the Regional Planning Commission for the White River Basin, a local citizen group (Water First! from Randolph), Vermonters for a Clean Environment (VCE), and others to express our concerns to LCAR. As a result of our work, at the July 28, 2005, LCAR hearing, the Committee responded to the chorus of concerns voiced by VNRC and its partners by directing ANR and the WRB to work collaboratively to address the flaws in the proposed rule or face a no vote from LCAR.

LCAR’s stand is a testament to the power of citizens to make a difference. LCAR responded to the logical, compassionate and compelling arguments that citizens made in favor of protecting Vermont’s high quality waters. Because citizens got involved, VNRC and its partners are now working with ANR and the WRB to reshape the proposed classifications for the White River. VNRC is hopeful that as a result of the meetings with ANR and the WRB the White River classifications will be reshaped, the waters of the White River will be protected, and a good example will be set for how the waters in all of Vermont’s watersheds will be managed. Stay tuned!