Water Tank Work May Cause Issues
by Gregg Jones, originally posted on October 29, 2016
Union residents shouldn’t be concerned of fluctuations in water pressure, or possible chlorine tastes and odors, in the city drinking water.
That’s according to City Engineer Jonathan Zimmermann who said upgrades to city water tanks may cause the pressure changes and chlorine taste. Only those in the western portions of the city will be affected.
“We want people to be aware that any fluctuation is in association with work we are doing,” he said.
The city contracted with Maguire Iron, Inc., Sioux Falls, S.D., to make major changes to the drinking water systems, which include new mixing mechanisms at three storage tanks.
Zimmermann added that the city will use chlorine to disinfect the tanks after work is complete.
“They are cutting holes in the side of tanks and people will be walking in and out,” said Zimmermann. “Before we put the tanks back into service they will be disinfected.
“Once the tanks fill back up, there may be residue of chlorine,” he added. “It will be temporary.”
The work is expected to take 45-60 days. The end result will be higher quality drinking water, Zimmermann said.
Water tank upgrades are necessary because the city was cited by the state after there were five water samples collected within the past year that contained coliform. The bacteria is not dangerous for consumption, but is a sign that there could be contamination.
The number of positive tests prompted a state-mandated drinking water study.
The mixing will move the stagnant water in the three city tanks on the west side of Union. Two of the tanks hold 1 million gallons of drinking water each.
Zimmermann said there is one inlet/outlet for the water in the water tanks, so the water does not move around the tank — that means warm water that has been in the tank longer stays at the top of the tank, while cooler water sits at the bottom of the tank. That is called thermal stratification.
The mixing of the water should prevent coliform from forming.
The eastern areas of Union are now chlorinated. The drinking water supplied to homes and businesses east of Highway 47 south is chlorinated, but the other areas of town are not.
The city is not required to chlorinate any drinking water now.
If there are more positive tests for coliform, the city will be required to chlorinate.
Zimmermann said if chlorination is required, the mixing system will be necessary, so there would be no additional tank construction costs.
Last year the city of Washington was mandated to chlorinate its water system after boil orders were issued when E. coli was found in the water system.
According to the Missouri Department of Health and Senior Services, “Coliforms are a group of bacteria found in the intestines of humans and other animals. Coliforms also occur naturally in the soil, on vegetation and in surface waters (lakes and streams). Most members of the coliform group do not cause disease.
Vermont residents encouraged to conserve water when possible
by Lisa Rathke, originally posted on October 28, 2016
TOPSHAM, Vt. (AP) — For much of the summer, Vermont escaped the drought that shriveled up crops and depleted some drinking water wells in parts of southern New England. Despite recent rain and snow, much of Vermont is now in a drought and the state is encouraging residents to conserve water when possible and report shortages.
All eyes are on what happens with the weather in the coming weeks and months.
“The soaking rains that we’ve been getting have been helpful, but we’re going to need to continue to see these type of soaking rains sort of spread out across the rest of the fall and into the winter,” state climatologist Lesley-Ann Dupigny-Giroux said Friday.
The water needs a chance to infiltrate into the ground and recharge the aquifers, she added.
The state has set up a task force that has met with Dupigny-Giroux , meteorologists and the emergency management team. The state Agency of Agriculture has heard from about a half dozen farmers who are out of water and having to haul it for animals. The task force is encouraging residents who have low or dry drinking water wells to report them to a website so the state can monitor and map water supply shortages.
Low rainfall, combined with little snow last winter, has created a severe drought in parts of Chittenden, Addison, Rutland and Windsor counties while the southern end of the state and a northern section were in a moderate drought, according to a map released Thursday from the United States Drought Monitor. The Northeast Kingdom is having abnormally dry conditions as of Thursday.
Since January, precipitation has been below normal by 8 inches in Burlington, 14 inches in Springfield and 12 inches in Morrisville, according to the National Weather Service.
Areas of Massachusetts, western New York and parts of New Hampshire and Maine have been dealing with drought conditions since this summer.
In Vermont, the village of Jeffersonville is planning to haul in water next week as springs that feed the municipal water system continue to drop.
“The recent rain and snow hasn’t really turned things around for us. The spring yields are still declining just a little bit each day,” said Trevor Welch, the head water and wastewater operator for the village of 750 residents.
The village asked residents recently to conserve water.
“They’re all trying to help out,” he said.
A well drilling company in Morrisville has been busy in the last month responding to reports of wells running dry or springs not producing what they were. Nick Manosh, owner of N.A. Manosh Corporation, said his company is doing 25 to 30 percent more well-drilling this fall.
Californians must recommit to water conservation
originally posted on October 29, 2016
Recent news items raise concerns about California’s ongoing struggle to deal with the punishing drought.
The Desert Sun’s Ian James reported this month that Coachella Valley water agencies have logged a huge drop in conservation compared to the great efforts seen during 2015 and the first half of this year.
Coachella Valley Water District customers used just 4.3 percent less water in September than they did in September 2013, the benchmark year the state has been using to measure conservation. In August, the cut was measured at 15 percent. For reference, in July CVWD reported that its customers had cut use by 28.6 percent from the 2013 baseline.
The trend seems similar at Desert Water Agency, the other large Coachella Valley provider. DWA reported an 18.5 percent cut in August, and that fell to an 8 percent cut last month.
In the past two months it looks like we’ve started to tank when it comes to saving water.
This should be alarming to everyone in the desert, but we’re not the only ones who appear to be returning to our old ways.
Statewide, urban water use was down 17.7 percent from the 2013 baseline, officials reported. Last August, when a conservation mandate was in effect, Californians reduced their consumption by 27 percent.
Though it should be a shocking wake-up call, what we’re seeing isn’t too much of a surprise.
The State Water Resources Board – following Gov. Jerry Brown’s order in the wake of a somewhat “normal” rain and snow season last winter – eased the state’s conservation rules. The board decided that local water agencies could decide what conservation efforts their customers should follow in order to guarantee supplies in case the drought continued for three more years.
All six desert-area agencies, which have long argued that our region is well-positioned to handle such shortages, quickly proclaimed that a “zero percent” conservation target was OK under the state formula.
And today we see CVWD and DWA customers – and residents across the state – are quickly falling back to usage levels they had before all of the effort was made to cut our collective thirst for the precious resource.
This is more than just disappointing. We in California, and especially in the arid Coachella Valley, must renew our efforts to cut water use in order to ensure that the Golden State can continue to thrive. The progress we’ve seen in cutting our collective use, such as replacing thirsty turf with more appropriate drought-resistant landscaping, must continue. What cannot continue indefinitely is our drawing of more water from our aquifer than is being returned.
Indeed, the state water board has warned that mandatory drought restrictions could be re-imposed if it becomes clear users have shifted back to wasteful ways and the drought continues unabated into a sixth straight year.
The other news item mentioned above was a report by the Pacific Institute that put a price on the various methods the state could use to ensure it has the water it needs in the future. For those looking to the vast, salty Pacific Ocean, the study indicates desalination is the most expensive way by far to boost our water supply.
Researchers suggested that while different communities should study all options, including desalination in coastal areas, conservation remains the most cost-effective way to increase the water that is available.
For us in the desert, conservation means taking steps like shifting to water-saving plumbing fixtures and low-use plants in an overall strategy that allows us to keep more of our water in the ground now, banking it for when we truly need it the most.
Water users to note planned 30-hour shutdown
Mid-Illovo among affected communities in uMgungundlovu District Municipality’s area
-By Michelle Izatt, originally posted on November 7, 2016
Mid-Illovo is among the communities that will be affected when a 30-hour planned water shutdown takes place tomorrow (Tuesday, 8 November).
The water supply will be affected from 8am on 8 November and supply is expected to be operational by 5pm on Wednesday, 9 November.
uMgungundlovu District Municipality’s water service needs is rapidly growing. As a water services authority and provider it is fulfilling its mandate and obligation to supply clean and potable water to all communities it serves.
Umgeni Water (bulk water supplier to uMgungundlovu District Municipality) has planned a shutdown at the Midmar Works. The following municipalities will be affected:
- Umshwathi: Swayimane, Bruynshill, Wartburg, Dalton, New Hanover, Trustfeed, and Mpolweni.
- Richmond: Central Business District, Indaleni, Phatheni, Hopewell, Thornville
- Mkhambathini: Camperdown, Lion Park, Mandastone, Estone, Gagwini, Mid-Illovo
- Umngeni: All areas in Howick, Mpophomeni, Merrivale, Merrivale Heights, Hilton.
While residents will have water during the shutdown, as the reservoirs have adequate water stored, residents are required to use it sparingly during the shutdown. Residents, businesses, factories, schools, clinics and all consumers are strongly recommended to store water in receptacles or vessels.
uMgungundlovu District Municipality apologises for the disruption and inconvenience.
Jakartans lacking access to clean water
by Corry Elyda, originally posted on October 29, 2016
riyanto, a 28-year-old Kemanggisan resident in West Jakarta, said he did not have problems getting access to clean water for daily use.
“My house is equipped with a well to access groundwater and we also have piped water,” he said.
He added, however, that the usage was a bit complicated.
“We mostly use groundwater for bathing and laundry. We only use the piped water if…
Weeks after hurricane, Haitians struggle for clean water
by David Mcfadden, originally posted on October 28, 2016
COTEAUX, Haiti (AP) – It’s been nearly a month since Hurricane Matthew tore through southern Haiti and people like Kettley Rosier and many of her neighbors still have to spend their meager savings to buy drinking water.
Reservoirs and pipe networks that people depend on for water across the country’s southern peninsula were contaminated or damaged by a combination of ocean storm surge and sewage from the overflowing latrines that are commonly used in rural Haiti. Wells were submerged by rivers that topped their banks and carried cholera bacteria, which epidemiologists suspect has sickened thousands of people since the Category 4 hurricane.
That means there is just not enough clean water to drink, let alone bathe, in places like the town of Coteaux, adding to the misery in an area where many people lost their homes, as well as the crops and livestock they need to survive.
“We’re tired of this,” Rosier said on a recent morning, scratching at skin irritated after bathing with murky well water. For drinking water, she has to buy small bags from street vendors. “God only knows when the good water will come back.”
An army of international relief teams have put enormous work into cleaning contaminated wells, distributing millions of water-purifying tablets and installing water treatment stations in areas that bore the worst of the hurricane. But it’s not yet enough.
Roughly 90 percent of the piped water supply systems in southwest Haiti were damaged by the storm that struck Oct. 4, according to Haiti’s National Water and Sanitation Directorate. Communal and private wells were contaminated across three provinces.
The extensive contamination of wells and the large amount of rain dumped by Hurricane Matthew created ideal conditions for spreading waterborne diseases including cholera, which causes rapid dehydration and can kill a human within hours if not treated. Authorities and aid groups say they have detected fecal matter and E. coli bacteria in drinking supplies.
“A lot of sources are contaminated at the moment,” said Leo Tremblay, a Canadian water and sanitation coordinator with Doctors Without Borders, which is overseeing a cholera treatment center in the village of Port-a-Piment and has sent staff by donkey to provide aid to remote mountain villages.
The humanitarian group said Friday its teams were seeing “deteriorating health conditions” in heavily hit zones.
In the devastated city of Jeremie, two water purification stations operated by French government emergency workers have so far transformed river water into 450,000 liters of potable water. But international specialists say many communities right along shorelines still aren’t getting adequate supplies.
Complicating matters, some storm victims are taking chances with their health.
In parts of the city of Les Cayes, people could be seen drinking straight from a contaminated well, bypassing treated supplies set up by a South Carolina-based organization known as Water Mission.
“Our bodies are used to dirty water. Maybe if we go to that new water place we’ll fall sick,” said Ephraim Bernard, a jobless 24-year-old standing by the contaminated well, located by a trash pit where three people were openly defecating on a recent morning.
Cholera was likely introduced to Haiti in 2010 by U.N. peacekeepers from Nepal and it has killed about 10,000 people and sickened more than 800,000. Haitians are generally aware of the risk and families often go to great lengths to ensure they stay healthy.
Yvette Dorival, a 22-year-old who lives in hills above the devastated beach town of Port Salut, is making two-hour treks three times a day to carry a jug filled at a water treatment site set up by Bomberos Unidos Sin Fronteras, a Spanish aid group. On the way, she passed Swiss Humanitarian Aid workers patching up a splintered water supply system.
“Why is it I only see the blan out here working hard to get water to us Haitians?” she asked, using the Creole word for foreigners.
There are some locals pushing to increase supplies, including Georges Edouard Elie, a businessman who owns a reverse osmosis plant in Les Cayes that produces Eau Kay water for a string of south coast settlements He is working with Arkansas-based nonprofit Heifer International to install a network of 1,500-gallon tanks that can be fed by water trucks.
He said he is motivated in part by anxiety that his business could be attacked if the situation doesn’t improve. “In my 24 years that I’ve been living here, this is the first time that I feel insecure,” he said.
Authorities say the water situation isn’t likely to be resolved soon. Jean-Martin Brault, a water and sanitation specialist with the World Bank, said it’s likely there will be a need to distribute water-purifying tablets and safe drinking water for six months in hard-hit zones.
Public services in general were shabby before the storm. Portions of some coastal towns in the southwest have gained piped water networks in recent years, though there is essentially no sewage treatment in the area. Only about a quarter of Haitians nationwide have access to flush toilets or latrines that hygienically separate waste from human contact, according to the World Bank.
Now local authorities see a rare chance to improve the situation. Matthew’s aftermath coincides with recently announced plans by the U.N. to invest more in clean water and sanitation systems as part of a new approach to dealing with cholera in Haiti.
“This is an opportunity for us to get our systems more up-to-date,” said Oswald Hyppolite, a water official for Haiti’s South province.
Sustained help couldn’t reach Rosier’s community soon enough. Vendors have raised the price of drinking water by 25 percent and her family was struggling to pay. “We need water to survive, just like anybody else,” she said.
Philippines: Thousands of typhoon-affected communities need urgent help
originally posted on October 28, 2016
Philippines/Kuala Lumpur, 28 October 2016 – The International Federation of Red Cross and Red Crescent Societies (IFRC) is deeply concerned about the welfare of thousands of people affected by Super Typhoon Haima in Northern Philippines, as details of the damage left behind by the disaster begin to emerge.
It is estimated that there are more than 1 million households within the 100-kilometre radius of the typhoon’s track, which spread over 185 municipalities and cities in 13 provinces. One week after Haima made landfall, more than 46,000 houses were reported damaged, while the estimated cost of the typhoon’s destruction of agricultural land in the affected areas amounts to 1 billon Philippine Pesos (around 20 million US dollars). These numbers are expected to increase as more details are gathered in the coming days.
In many parts of the typhoon-hit areas, farmers, sharecroppers and casual labourers who rely on rice and corn fields or high value crops like coffee beans for income now find their livelihoods crippled. “It is bad enough that many of these farmers’ homes have been badly damaged – they rely on these crops to feed their families. Now, most have little choice but to consume what they can salvage,” said Kari Isomaa, IFRC Head of Delegation in the Philippines.
“There is an urgent need for support in the areas of shelter and livelihood to help these communities recover from their ordeal. We need to act fast and help them get back on their feet, as it has been projected that more typhoons may affect the Philippines before the year ends.”
The Philippine Red Cross had deployed its response teams including staff, volunteers and Water and Search and Rescue units before Typhoon Haima hit landmass, as a preparedness measure. To date, the Red Cross chapters in the affected provinces have assisted more than 12,000 people with various services including search and rescue, hot meals and psychosocial support. As the emergency operation continues, the Red Cross is distributing relief items including mosquito nets, sleeping mats, blankets, jerry cans and hygiene kits. An unconditional cash grant will also be provided for 2,000 families to help them meet their most urgent household needs.
On 23 October, the IFRC launched an emergency appeal of 3 million Swiss francs (3 million US dollars) to support the Philippine Red Cross in providing immediate relief and humanitarian assistance to 20,000 people affected by Typhoon Haima. The appeal, which covers a period of 10 months, focuses on meeting people’s most urgent needs including food, access to safe drinking water, essential household items, shelter and cash grants to help people restart their livelihoods. The appeal will also focus on supporting health awareness and disease prevention activities, as well as psychosocial support.
‘Over 26,000 illegal fixtures on water mains removed in three years since crackdown started’
Ministry says ‘hundreds of water theft cases’ now being examined in court
-By Hana Namrouqa, originally posted on November 05, 2016
AMMAN — Three years after the government started removing violations on the water network, more than 26,000 illegal fixtures on water mains and resources have been removed, officials said on Saturday.
Under the campaign, authorities sealed more than 806 wells and seized and confiscated scores of drilling rigs, according to a statement issued by the Ministry of Water and Irrigation.
“More than 50 drilling rigs are now in the possession of the central workshops directorate; an affiliate to the Water Authority of Jordan. The vehicles were seized and confiscated during raids on locations where illegal wells were being dug,” Water Minister Hazem Nasser said in the statement.
Owners of the drilling rigs and those involved in the drilling of illegal wells have all been referred to court for legal action, according to an official at the ministry, who noted that hundreds of cases of water theft are being looked into at court.
“Articles 3 and 4 of the Economic Crimes Law regard water theft as an economic crime,” the official reminded.
In the statement, Nasser noted that the ministry is enduring hefty financial costs to end violations on the water network and resources, in addition to mobilising several teams around the clock to detect and protect the resources from violations.
The minister added that the campaign to stop violations on the water network and resources is succeeding in protecting underground water.
The ministry banned the drilling of wells in 1997 to limit random pumping of water and to preserve aquifers from depletion and salinity.
International studies indicate that water levels at several aquifers have been dropping at a rate of one metre per year, according to the ministry, which noted that more than 50 million cubic metres of underground water are being extracted in indiscriminate pumping.
In the Jordan Valley, authorities also ended 1,414 violations on state-owned land and 10,019 infringements on the King Abdullah Canal, which is supplied by the Yarmouk River to irrigate 40 per cent of the Jordan Valley’s crops.
The canal also provides some 40 per cent of the capital’s supply after it is treated at the Zai Water Treatment Plant.
Water theft in Jordan is blamed for 70 per cent of water loss, according to the ministry, and around 110 million cubic metres of water have been saved since authorities launched the campaign.
The amended Water Authority of Jordan Law stipulates stiffer penalties against those who abuse any element of the water system.
Those who abuse water carriers and mains, wastewater, pumping, purification or desalination stations; or cause the pollution of water resources, pipes or stations used for drinking water; and those who dig or are involved in the digging of wells without obtaining a licence face a prison sentence of up to five years and fines of up to JD7,000.
In addition, violators of water and wastewater projects are jailed for up to three years and fined up to JD5,000 under the amendments.
All penalties stipulated under the law are doubled in the case of repeat offences.
The Human Right To Water At Standing Rock
The construction of the pipeline would violate the human right to water, the right of Indigenous peoples to practice their cultural traditions, and several federal statutes.
-By Marjorie Cohn, originally posted on November 4, 2016
As thousands of Indigenous people from the Standing Rock Sioux Tribe, other Native American tribes, and their allies continue their protest against the Dakota Access pipeline (DAPL), corporate media have continued to focus almost exclusively on the presidential election. Most media ignored last week’s vicious attack on the Water Protectors, as they call themselves.
The construction of the pipeline would violate the human right to water, the right of Indigenous peoples to practice their cultural traditions, and several federal statutes.
On October 27, more than 100 police from seven different states and the North Dakota National Guard, clad in riot gear and carrying automatic rifles, arrived in MRAPs [Mine-Resistant Ambush Protected military vehicles], Humvees and an armored police truck. They defended Energy Transfer Partners (ETP), the company behind the pipeline, and arrested 142 Water Protectors. That brings the total arrested since August to over 400. More than 40 people have been injured, and some have broken bones and welts from rubber bullets fired by officers.
Ret. Army Col. Ann Wright, who spent four days at Standing Rock, reported: “Police used mace, pepper spray, tear gas and flash-bang grenades and bean-bag rounds against Native Americans who lined up on the highway.”
The 1,170-mile, $3.7 billion oil pipeline is scheduled to traverse North Dakota, South Dakota, Illinois and Iowa. Slated to transport over 570,000 barrels of fracked oil daily, the pipeline would pass under the Missouri River at Lake Oahe, just a half-mile upstream from the Standing Rock Sioux Tribe’s drinking water source. It could affect 28 tribes and millions of people.
An inevitable oil spill from the pipeline, releasing diesel fuel and toxic levels of contaminants into the river, would be culturally and economically catastrophic to the tribe, polluting its source of water and critical farmlands.
Oil spills are all too common. The Pipeline and Hazardous Materials Safety Administration documented over 2,000 significant accidents from oil pipelines since 1995. An average of 121 accidents has taken place annually from 2013 to 2015.
People who drink water with oil in it or eat meat from livestock exposed to oil have a higher rate of cancer and digestive problems, according to a 2010 report by Worcester Polytechnic Institute, which studied three major oil spills. And people who use oil-contaminated water for bathing or laundry have a higher incidence of skin problems, including rashes, eczema and skin cancer.
North Dakota and six other states deployed their police officers to attack and arrest the Water Protectors in order to facilitate the construction of this pipeline, which would seriously threaten the tribe’s water supply, in violation of the human right to water.
Torture and Degrading Treatment of Water Protectors
Those arrested were held at the Morton County Correctional Center in 10-by-14 foot cages, some in dog kennels. They reported being forced to wait for access to food, water, bathrooms and medical attention. Some charged with misdemeanors were strip-searched. Women were left naked in their cells and male guards harassed them. Some people were zip-tied in stress positions for hours.
Water Protectors who had locked themselves to some construction equipment reported being waterboarded. Waterboarding has long been considered torture, which violates the UN’s Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by the United States.
Amnesty International, which has sent a team to Standing Rock to investigate the human rights abuses, stated that some of this treatment violates the prohibition on cruel, inhuman or degrading treatment. (In addition to ratifying the Convention against Torture, the United States has also ratified the International Covenant on Civil and Political Rights, which outlaws cruel, inhuman or degrading treatment.)
Violation of the Human Right to Water
The mantra of the Water Protectors at Standing Rock is “Water Is Life.” The World Health Organization (WHO) stated in its 2010 Fact Sheet on The Right To Water, “Water is the essence of life. Safe drinking water and sanitation are indispensable to sustain life and health, and fundamental to the dignity of all.”
The WHO also determined, “Access to safe drinking water by indigenous peoples is closely linked to their control over their ancestral lands, territories and resources. Lack of legal recognition or protection of these ancestral lands, territories or resources can, therefore, have far-reaching implications for their enjoyment of the right to water.”
Indeed, the international community has recognized that access to safe drinking water must be analyzed within a human rights framework.
States have a duty to ensure access to the means of survival, the United Nations Human Rights Committee wrote in its 1982 general comment No. 6. The Committee was interpreting the International Covenant on Civil and Political Rights.
The UN Committee on Economic, Social and Cultural Rights, in its 2002 general comment No. 15, stated, “The human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights.” The Committee defined the right to water as the right of all people “to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.” Water must be free from chemical substances that constitute a threat to health, according to the WHO’s analysis of general comment No. 15.
Construing the International Covenant on Economic, Social and Cultural Rights, the Committee on Economic, Social and Cultural Rights noted that the right to water is part of the right to an adequate standard of living.
Although the United States has not ratified the covenant, we have signed it, thereby incurring a legal obligation to refrain from taking actions inconsistent with the object and purpose of the covenant, under the Vienna Convention on the Law of Treaties. The United States has not ratified the Vienna Convention but considers it to be binding customary international law.
The WHO also observed that a violation of the right to water violates the well-established international principle of non-discrimination enshrined in all major human rights treaties. Discrimination means any distinction, exclusion or restriction made on the basis of specific characteristics of an individual such as race, religion, age or sex, which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise of human rights and fundamental freedoms.
The Dakota Access pipeline was originally set to go through Bismarck and Mandan, North Dakota, which would have adversely affected white people. (Both Bismarck and Mandan are around 90 percent white.) When people in those communities opposed the projected route, it was altered to travel through areas close to Native American communities. This is a violation of the non-discrimination principle.
In 2010, the UN General Assembly specifically recognized the human right to water and sanitation, and stated that clean drinking water and sanitation are essential to the realization of all human rights.
Violation of Indigenous Peoples’ Right to Practice Cultural Traditions
The pipeline would pass through areas of great cultural significance, including sacred sites and burial grounds protected by federal law. Construction would destroy these burial grounds, sacred sites and historically significant areas in its path.
Cultural resource surveys were conducted by out-of-state, non-tribal consultants of the company seeking to build the pipeline. But only tribally trained and approved consultants are actually able to assess such sites. The Standing Rock Sioux Tribe has never had the opportunity to discuss protocols for cultural surveys, or participate in surveys that were conducted. It was only provided partial surveys after they were completed.
The UN Declaration on the Rights of Indigenous Peoples states, “Indigenous peoples have the right to practice and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites.”
This declaration, a moral document but not a treaty, passed with 144 states voting in favor, four voting against, and 11 abstentions. The United States voted in opposition.
Violation of Federal Statutes
On July 27, the Standing Rock Sioux Tribe sued the US Army Corps of Engineers, the primary federal agency that granted permits needed for the construction of the pipeline. The lawsuit alleged violations of multiple federal statutes, including the Clean Water Act, National Historic Preservation Act and National Environmental Policy Act, when the permits were issued.
Moreover, the Corps did not do a full Environmental Impact Statement as required by the National Environmental Policy Act.
“Construction and operation of the pipeline, as authorized by the Corps, threatens the Tribe’s environmental and economic well-being, and would damage and destroy sites of great historic, religious, and cultural significance to the Tribe,” the complaint reads.
The Standing Rock Sioux were not properly consulted on the cultural and environmental impacts of the pipelines, as required by law. The tribe requested a preliminary injunction to halt construction until it could survey the pipeline route for cultural and heritage resources.
“Although federal law requires the Corps of Engineers to consult with the tribe about its sovereign interests, permits for the project were approved and construction began without meaningful consultation,” Standing Rock Sioux Chairman David Archambault II wrote in an op-ed in The New York Times.
The UN Declaration on the Rights of Indigenous Peoples states, “Indigenous peoples have the right to participate in decision-making in matters which would affect their rights.” The declaration further says, “Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including … sanitation, health” and “to be secure in the enjoyment of their own means of subsistence.” That includes the right to clean water.
On September 9, US District Judge James Boasberg denied the tribe’s request for injunctive relief and the tribe appealed.
Immediately following the court’s denial of the injunction, responding to pressure from the Water Protectors, three federal agencies ― the Department of Justice, Department of the Army, and Department of the Interior ― issued a joint statement announcing they will halt any additional permitting and reconsider their past permits for the project.
There is still one remaining permit that has not been issued. Since the Corps owns land on either side of Lake Oahe, Dakota Access must obtain an easement from the Corps to dig the tunnel for the pipeline underneath the lake on federally owned lands.
The three federal agencies asked that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe. The company refused.
If Dakota Access is found to have knowingly damaged a historic or cultural resource with the intent of sidestepping the National Historic Preservation Act, the Corps cannot issue the easement.
Meanwhile, Chairman Archambault has called on the Department of Justice to conduct an investigation into heavy-handed police tactics and possible civil rights violations.
UN Special Rapporteurs and Observers Concerned About Abuses
The UN Special Rapporteur on the rights of Indigenous peoples, Victoria Tauli-Corpuz, called on the United States to halt the construction of the DAPL because it poses a significant risk to the drinking water of the Standing Rock Sioux Tribe and threatens to destroy their sacred sites and burial grounds.
Tauli-Corpuz’s call was endorsed by eight other UN mandate holders, including the special rapporteurs on the situation of human rights defenders, the human right to safe drinking water and sanitation, human rights and the environment, the rights to freedom of peaceful assembly and of association, cultural rights, human rights of the environmentally sound management and disposal of hazardous substances and wastes, as well as the chairperson of the working group on business and human rights.
They also expressed concern at reports of intimidation, harassment and prosecution of Indigenous peoples exercising their right to peaceful assembly at Standing Rock.
A delegation from the United Nations Permanent Forum on Indigenous Issues sent observers to Standing Rock to investigate the Water Protectors’ claims of human rights abuses, including the right to water, protection of sacred sites, the right to free prior and informed consent before development affecting their territories, the protection of Indigenous human and environmental rights defenders, unlawful arrests, excessive force and mistreatment in custody.
In a letter to President Barack Obama, Sen. Bernie Sanders asked that the president urge the Corps to stop construction within a mile between Highway 1806 and the Missouri River. Sanders also asked Obama to direct the Department of Justice to send observers to protect the Water Protectors’ First Amendment rights to protest, and remove the National Guard from the camp. Finally, Sanders wrote that all federal permits should be suspended until the Corps completes a full cultural and environmental review.
There is renewed hope for the Water Protectors. On November 1, Obama said the Corps is examining whether the pipeline can be rerouted to southern North Dakota to alleviate the concerns of the Standing Rock Sioux Tribe and its allies. “As a general rule, my view is that there is a way for us to accommodate sacred lands of Native Americans, and I think that right now the Army Corps is examining whether there are ways to reroute this pipeline,” he said.
The National Lawyers Guild formed the Red Owl Legal Collective on site to provide legal representation for those arrested ― including protesters, members of the press, legal observers and lawyers ― and to work on civil litigation.
State’s aging public water systems need updating, panel told
Originally posted on November 4, 2016
FRANKFORT — Many Kentuckians have modern appliances at home. It’s their public water infrastructure that may date back to the era of the avocado green dishwasher, or before.
Division of Water Director Peter Goodmann told the Interim Joint Committee on Natural Resources and Environment yesterday that over 58,700 miles of the state’s drinking water lines are an average of 38 years old with 16 percent of those lines dating back 50 years or more. Goodmann said the estimated cost of drinking water infrastructure improvements will total $1.9 billion through 2025, although many systems don’t have the customer base to cover the cost.
“Many systems are selling 18 – 20 percent less water than they used to,” Goodmann told the committee. “People are buying appliances and fixtures that use a lot less water … so you have no growth in customer base and a decline per capita in consumption.”
The solution is for utilities to receive grants or borrow money to cover infrastructure maintenance and operations, said Goodmann. Borrowing would require more utilities to increase their rates, which he said could lead to annual water utility rate increases of six to 10 percent over the next 10 years. Inflation, he said, “could exasperate this situation.”
Rep. Hubert Collins, D-Wittensville, said he remembers when only around 50 percent of his home county of Johnson had access to water. Today, around 95 percent of the county has water access — about the same percentage of total Kentuckians served by public water systems, said Goodmann — thanks to the availability of coal severance funding for water projects. Now that coal severance funds are drying up, Collins asked Goodmann about specific grants and loans available to communities.
Goodmann said low-interest loans through state revolving loan funds, federal Community Development Block Grant (CDBG) money and some rural development loans and grants are “the big three” to help with water needs. Abandoned Mine Lands (AML) grant funds many also be of help, he said.
“The AML program has financed quite a few line extensions out into rural areas. A lot of that in mining areas has been done through the AML program,” he told Collins.
Questions about efforts to clean up the Levisa Fork of the Big Sandy River, impacted by a 2015 sewage spill in Virginia, and to remove trash from Pike County’s Fishtrap Lake were asked by Sen. Ray Jones, D-Pikeville. Goodmann said the water quality of both the Levisa Fork and the lake are “very good” although there is a significant amount of trash in the lake. With prompting from Jones, Goodman said the state may ask the Corps of Engineers to help place some device in the area of the Levisa Fork to catch trash traveling into Fishtrap.
From a state agency standpoint, Goodmann said Kentucky has been successful not just at providing access to drinking water but also in reaching compliance with health standards. The state holds a health standards compliance rate of 99.7 percent, he told lawmakers. After water safety violations were revealed in Flint, Mich., Goodmann said a state lead working group is reviewing Kentucky’s lead and copper protocols, although he clarified that the state’s public water systems have “a very good compliance record.”
“I don’t have any desire to sit in front of this group and try to explain a Flint situation in Kentucky,” said Goodmann. “We wanted to make sure our protocols are appropriate.” That drew a response from committee Co-Chair Rep. Fitz Steele, D-Hazard.
“No, we definitely do not need a Flint, Mich. in the Commonwealth of Kentucky,” said Steele.