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State Water Plan Stalled Over ‘Public Trust’

HARTFORD, CT — Calls for water to be a “public trust” in the first-ever state water plan are receiving new scrutiny from Connecticut’s water companies, and Gov.
A sign appeared Monday outside Malloy’s office stating that “Water is a public trust.” The sign arrived on the heels of a meeting last week between Malloy administration Chief of Staff Brian Durand and representatives of the water companies and the Connecticut Water Works Association in which they took issue with the public trust designation.
“The simple fact is that water is a public trust, and our state statutes have said as much for over 40 years — this plan does nothing to change that, or expand upon it.” Betsy Gara, who is the head of the Connecticut Council of Small Towns and the Connecticut Water Works Association, said the public trust reference in the plan is “not simply a restatement of existing law.” She said that by tying the statute to how the state balances its water uses, it could be misapplied and construed by the courts and state agencies to expand the public trust doctrine.
Meanwhile, the state’s Water Planning Council received an overwhelming response from the public about recognizing water as a “public trust” as part of the State Water Plan (SWP).
Rep. Jonathan Steinberg, D-Westport, who co-chairs the Public Health Committee, said he’s hoping the committees can take a vote this week so the legislature can vote on the plan this year before they adjourn May 9.
Environmental advocates and Malloy say the owners of the water companies have been pressuring the legislature to remove public trust language from the draft plan.
The April 17 public hearing on the state water plan moved away from the “public trust” debate to focus on ensuring that public drinking water resources are protected during drought periods.
The proposed State Water Plan creates a framework for sustainable water management, which will protect public drinking water supplies and environmental health.
The almost four-year process utilized extensive public and stakeholder input and scientific data to create the report, costing more than $1 million.
A $750-million merger deal between Connecticut Water Service and a California water utility would lead to the creation of the nation’s third-largest water utility.

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