Water Governance Evaluation

Transcription

1 Water Governance Evaluation Streamline, strengthen and improve sustainable water management John Linc Stine MPCA Commissioner Suzanne Rhees Water Governance Evaluation Coordinator Clean Water Council November 19, 2012

2 Topics: 1. Background and Purpose of the Study 2. Project Design 3. Preliminary Recommendations 4. Next Steps / Discussion

3 2011 Special Session Sec. 33. EVALUATION REQUIRED. (a) The Pollution Control Agency, in conjunction with other water agencies and the University of Minnesota, shall evaluate waterrelated statutes, rules, and governing structures to streamline, strengthen, and improve sustainable water management. (b) The Pollution Control Agency must submit the study results and make recommendations to agencies listed under paragraph (a) and to the chairs and ranking minority party members of the senate and house of representatives committees having primary jurisdiction over environment and natural resources policy and finance no later than January 15,

4 Need for Study q Inconsistencies among agency missions and enabling laws q Difficulty in implementing systems thinking across agencies q Complex patchwork of local governments and water management organizations q Decline in local government capacity q Ground-level complexity breeds confusion and mistrust q Agencies typically must react to external proposals; this is an opportunity to identify and develop recommendations from within the executive branch

5 Water governance timeline 1893 Public drainage systems authorized 1897 Public waters design ated 1925 Department of Conservation established 1937 Soil Conservation Districts established 1955 MN Water Resources Board established 1899 Rivers & Harbors Appropriations Act regulates refuse discharge, damming of streams 1938 Rivers & Harbors Act Due regard to wildlife conservation in permitting construction 1948 Federal Water Pollution Control Act, funding for state and local water treatment 1961 Federal Water Pollution Control Act, allows federal actions against polluters with state governor s support 5

6 Water governance timeline 1967 Water Resources Coordinating Committee formed, MN Pollution Control Agency established 1969 Shoreland regulation authorized Floodplain Management Act 1971 MN Environment al Rights Act (MERA) surface water regulation authority to DNR 1973 MN Environment al Policy Act (MEPA) EQB and Water Resources Council created MN Wild and Scenic Rivers Act Critical Areas Act of Water Resources Planning Act, authorized state framework plan, funded river basin studies and commissions Water Quality Act, requires ambient water quality standards to protect health and welfare 1968 National Wild and Scenic Rivers Act 1970 National Environmental Policy Act 1972 Federal Water Pollution Control Act Amendments (Clean Water Act), requires states to develop list of impaired waters and set TMDLs; sets NPDES standards, etc Safe Drinking Water Act 6

7 Water governance timeline Water Planning Board Created, Mississippi R. Critical Area designated 1982 Metropolitan Surface Water Management Act 1983 Water Planning Board discontinued, duties to EQB 1985 Comprehensive Local Water Management Act BWSR established through merger of 3 other boards Clean Water Partnership program created 1989 Groundwater Protection Act 1977 Clean Water Act Amendments, exempt most farming activities from Sec Water Quality Act, revolving loan program for municipal sewage treatment, stormwater regs for nonpoint source discharge 7

8 Water governance timeline Recodification of water law (Chapter 103) 1991 Wetland Conservation Act Office of Environmental Assistance established (moves to MPCA, 2005) 1999 Water Unification Initiative 2006 Clean Water Legacy Act Clean Water Council established 2008 Clean Water, Land and Legacy Amendment 1996 National Dam Safety Program Act 8

9 Related Activities in 2012 q EQB Governance study and Environmental Congress q Wetlands Executive Order (EO 12-04) BWSR to evaluate and improve wetland protection, restoration, coordination efforts q Agricultural Water Quality Certification Program q Local Government Roundtable one watershed one plan 2012 legislation 9

10 Background q 50+ water and related land use studies and reports from 1970 to present q At least 3 distinct water reorganization efforts: , 1996, q q Progress in many areas: BWSR creation EQB creation and coordinative role (now diminished) Public Facilities Authority (Wastewater and Drinking Water Infrastructure Financing) Groundwater Protection Act (1989) Wetland Conservation Act (1991) Clean Water Partnership Legacy Amendment (Clean Water Fund) Agency roles and coordinative functions shift over time (WRB, WPB, EQB, etc.) 10

11 Water management and the regulatory landscape State Agencies DNR MPCA Board of Water and Soil Resources (BWSR) Department of Agriculture Department of Health Public Facilities Authority (DEED) MnDOT (permittee, etc.) Mn Geological Survey Functions Regional Agencies Metropolitan Council River Basin Boards and Commissions Local Entities Counties, Cities, Townships SWCDs Watershed Districts Etc. Drainage Public Waters Regulation Water Use and Appropriation Flooding Pollution Prevention and Control Water Quality Shoreland Management Groundwater Protection Wetland Conservation Drinking Water Public Health Risk Assessment Water Well Construction Low Cost Public Infrastructure Financing 11

12 Water Supply (MDH, DNR, Metro Council) Wastewater Treatment (Metropolitan Council, LGUs) Groundwater Recharge (MDH, DNR, Metro Council) Shoreland, Floodplain, Critical Areas, Wild & Scenic Rivers (DNR, County) Drainage, BMPs (BWSR, SWCDs, MDA) Agricultural Chemicals & Fertilizer (MDA) Nonpoint Source Pollution (BWSR, SWCDs, MDA) Watershed Management Organization or Watershed District 12

13 Groundwater Recharge, Wellhead Protection, Municipal Water Supply (MDH, DNR) Wetland Protection (COE, BWSR, PCA) Fishery Management (DNR) Shoreland Management (DNR, City) Drainage, BMPs (BWSR, SWCDs, NRCS, MDA) Agricultural Chemicals & Fertilizer (MDA) Water Quality and BMPs (PCA, BWSR, Heron Lake WD) 13

14 Image: Heron Lake Watershed District & DNR 14

15 Shoreland Management (DNR, County) Erosion & Sedimentation Control (PCA, Local Govt) Fisheries Management (DNR) Municipal Water Supply (MDH, DNR) Mining Activities (Environmental Review, Water Quality Standards) 15

16 Project Activities q State Agency Work Group MPCA DNR Ecological and Water Resources Department of Health Department of Agriculture Board of Water and Soil Resources Metropolitan Council

17 Project Activities q Customer Survey: through MPCA s Waterfront Bulletin, Waterfront Network News

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19 Structural Recommendations Relate to 3 Levels of Government State MPCA DNR Health (MDH) Agriculture (MDA) BWSR Other Agencies (MnDOT, PFA, EQB, LCCMR, etc.) Regional; Metro Council Regional Development Commissions River Boards and Commissions Other Organizations Local County Governments SWCDs Watershed Districts Lake Improvement Districts Other Organizations (lake associations, etc.) 19

20 Preliminary Structural Recommendations State responsibility: A synchronized approach to water management Improve delivery of water management services Implement water management at watershed scale 20

21 One Watershed One Plan Legislation q q q Chapter 272, Sec. 32. Amends MS 103B.101: Subd. 14. Local water management coordination. (a) The board may adopt resolutions, policies, or orders that allow a comprehensive plan, local water management plan, or watershed management plan, developed or amended, approved and adopted, according to chapter 103B, 103C, or 103D to serve as substitutes for one another or be replaced with a comprehensive watershed management plan. Local government units may also carry out TMDL implementation plans BWSR directed to incorporate watershed approach; watershed boundary framework for local water plans 21

22 Local Water Management - Issues q 250+ local units of government with overlapping and underlapping responsibilities and differing levels of commitment to sustainable water management q Declining local government funding diminishes local government capacity q Inconsistent local government baseline funding for water management functions q Opportunities to build on the one-watershed one plan legislation to improve local water management 22

23 Implement Water Management at a Watershed Scale at all Levels of Governance q Establish preference for one-watershed-oneplan local watershed management q Consider essential watershed management services for local government q Increase local capacity for water management additional tools and authority q Consider expanded delegation of some state regulatory authority 23

24 State Water Management - Issues q Varying, inconsistent, non-unified agency statutory purposes, authorities, programs and policies q Improved coordination exists among state agencies; Legacy Amendment/Clean Water Fund q Cooperative approach can t reconcile all underlying differences 24

25 State Responsibility: A Synchronized Approach to Water Management q A more formal mechanism for lateral coordination among state agencies a Water Management System Set priorities and policy directives, resolve conflicts Build on Clean Water Fund interagency coordination team Identify and take continuous improvement actions to redesign and streamline processes 25

26 Water Management Services - Issues q Service delivery gaps exist between state water management agencies and local governments q Some regional entities have effectively filled this gap in areas such as flood damage reduction, point source pollution cleanup, and stormwater management q Solutions are more effective where such regional structures exist q No agreed upon model or vision for the most effective scale for delivering state resources and services to local governments 26

27 Improve Delivery of Water Management Services q Address the service delivery gap in Greater Minnesota q Build on work of effective water basin or other regional entities (i.e. Red River, St. Louis River) q Explore co-location (or virtual co-location) of state agency water management services q Goals: more effective services; define and target each region s needs and priorities 27

28 Resource-Oriented Recommendations Public Waters and Wetlands: Improve Alignment of Statutes, Rules, Regulatory Processes Groundwater Management: Interagency Consensus and Usable Standards Re-Link Land Use and Water Management Support and Strengthen Landowner and Occupier Efforts 28

29 Public Waters and Wetlands: Issues q Multiple and complex regulation of wetlands and other water bodies from federal, state, and local jurisdictions for varying authorities and purposes. q Wetland permitting systems do not fully address water quality issues, including groundwater recharge and biodiversity. 29

30 Public Waters and Wetlands: Improve Alignments of Statutes, Rules and Regulatory Processes q Clarify boundaries between Public Waters and WCA wetlands q Consistent enforcement authority among state agencies q Work with Corps of Engineers to clarify permitting authorities 30

31 Groundwater Management: Issues q q q q q Groundwater doesn t fit neatly into a watershed management framework Current permitting and review of groundwater withdrawals not based on cumulative effects Parts of MN (perceived as a water abundant state) lack for adequate water supply seasonally or episodically State rules do not yet clearly allow for water re-use Management authorities and technical expertise on groundwater are widely dispersed among agencies 31

32 Groundwater Management: Interagency Consensus and Usable Standards q Develop an interagency framework for groundwater management q Consider a cumulative-based approach to a water use threshold or standard for groundwater withdrawals q Integrate water appropriations and well construction approvals q Integrate technical groundwater expertise q Examine alternatives for wastewater and stormwater conservation/reuse 32

33 Land Use and Water Management: Issues q Gaps exist between water planning and related land use plans q State land use statutes for Greater Minnesota lack any explicit connection to water plans q State agencies have specific and limited authority over local land use q Water quality and quantity are affected by land use within an entire watershed, and land use is largely locally controlled 33

34 Re-Linking Land Use and Water Management q Strengthen the relationship between water authorities and land use authorities. q Strengthen incentives for local government units to connect and integrate water plans and land use plans. q Begin development of a comprehensive watershed management act q Reconcile the timing and sequencing of Metro-area watershed and land use plans q Refine state water and related land use regulatory efforts (largely DNR s) to support outcome-based performance measurement. 34

35 Landowners and Occupiers: Issues q Nonpoint source runoff from agricultural and development practices are largely unregulated q Climate and land use changes are affecting water quality and quantity q Loss of soil health through ongoing erosion 35

36 Support and Strengthen Landowner and Land Occupier Efforts q State agencies that own, operate or develop lands implement land use BMPs q Promote voluntary adoption of BMPs, self-audits, etc. to lessen the need for regulatory tools q Support voluntary Ag Water Quality Certification Program q Revitalize and strengthen existing statutes for soil loss and soil health 36

37 Next steps q Additional consultations and briefings University of MN Water Resources Center BWSR Watershed, SWCD and local government associations q Final Report to MN Legislature, January 15,