CHARLESTON, W.Va. — At industry request, a legislative rule-making committee has stalled new limits to nearly 100 toxic water pollutants, as state lawmakers prepare to update regulations.

Three years ago, federal agency experts handed down new recommendations for limiting toxins in state surface waters under the Clean Water Act. Since then, the state Department of Environmental Protection has worked to implement them.

But Angie Rosser, executive director of the West Virginia Rivers Coalition, said at the last minute, the West Virginia Manufacturers Association asked lawmakers to throw out the changes and keep rules based on research more than 30 years old.

"It's past time to update these, but that was undone in a single vote,” Rosser said. “Now, we're still back to science that protects our health, that protects our drinking water, conducted prior to 1985."

During the committee hearing, the manufacturers' association said it needed more time to study the three-year-old federal recommendations, but offered no argument against any specific proposal.

In 2014, a tank at Freedom Industries leaked chemicals into the Elk River, contaminating the drinking-water system used by a large segment of the state. Rosser said hospitals treated hundreds of people after that spill. She said she’s astonished to see lawmakers dismissing potentially serious drinking-water contamination issues.

"West Virginians know very well chemicals that shouldn't be in our drinking water make us sick, they shut down businesses,” she said. “It's mystifying to me why this legislative committee would not provide the best protections to the water we drink."

The work of the rule-making committee is a regular part of preparations ahead of the legislative session starting this week. Rosser said she hopes people can convince lawmakers to reinstate the updated water-pollution limits for health and safety when DEP rule-making comes up during the session.



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A federal agency is requiring Wyoming to update cost estimates for a large proposed dam in Carbon County, which has been under feasibility studies since 2008.

The West Fork Battle Creek Dam, proposed in the Medicine Bow National Forest, would be 700 feet long, about 25 stories tall and would create a 130-acre reservoir. The dam would provide late-season irrigation water to Wyoming and Colorado landowners at a projected cost of $80 million, according to a 2017 estimate.

Gary Wockner, co-founder and executive director of the advocacy group Save the Colorado, thinks it will cost about four times the estimate, partly due to its remote location.

"It'll be hard to get to, it'll be extremely difficult to engineer and build," Wockner contended. "In fact, it's so large and controversial, we believe that permitting and potential court challenges could cost $20 million to $30 million, alone."

The proposal requires a land swap between the U.S. Forest Service and the state, a trade state lawmakers in 2018 allocated nearly $5 million to investigate. The U.S. Natural Resource Conservation Service, the federal agency responsible for granting permits, told the State of Wyoming Water Development Office to update the cost estimate for the dam. So far, the analysis itself has cost $1.5 million.

The estimate is a vital part of the cost-benefit analysis and determines who will fund the dam. The National Environmental Policy Act requires both an analysis of the proposed plan and several alternative plans, Wockner pointed out.

"Then, you pick what's called the 'least environmentally damaging practicable alternative,'" Wockner added. "You have to have a reasonable cost estimate in order to do the entire NEPA analysis correctly."

In 2023 scoping comments on the project, Wockner argued the analysis should include an estimate of greenhouse gases the project would emit, and effects on the already over-allocated Colorado River.


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Iowa is getting federal help to eliminate lead water pipes in the state.

The Iowa Department of Natural Resources is working with local water agencies, planning where to prioritize funds.

As part of the Bipartisan Infrastructure Law, cities and towns in Iowa are reducing the number of dangerous lead water lines.

The Iowa Environmental Council's Director of Climate Initiatives Cody Smith said even homes built as recently as 1988 are connected to the local water utility with lead lines - which leaves people at risk, even in Iowa's big cities like Des Moines and Council Bluffs.

"Particularly with the most vulnerable groups, such as unborn babies or young children, they have extreme and outsize risk related to exposure to lead through lead service lines," said Smith. "That can cause higher levels of lead in the blood and lead to developmental issues for children."

The State's Revolving Fund, which is the primary source for water infrastructure updates, has received more than $620 million as part of the Bipartisan Infrastructure Law.

The IEC says more than 700 communities have benefited so far.

Beyond replacing lead pipes and updating water system infrastructure, Smith said Iowa could also benefit from help with what are known as non-point source projects.

"Which is runoff from agricultural fields and from livestock operations that lead to nutrient pollution in source water," said Smith. "And source water is water that's used for drinking water somewhere in the state."

Smith said those strategies can help farmers and local utilities reduce nitrates and other pollutants in the soil.

The Biden administration has a goal of replacing all lead water service lines in the U.S. by 2031.




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Nearly a year after the U.S. Supreme Court left key watersheds unprotected by the Clean Water Act, the Polis administration has designated new protections for some 385 miles across 15 rivers and streams in the Upper and Lower Colorado, Eagle, Yampa and Roaring Fork river basins.

Chad Rudow, water quality program manager with the Roaring Fork Conservancy, said the Outstanding Waters designation is an important tool for protecting drinking water.

"Which means it's protecting the actual quality of the water, and that's the highest level of protection that can be given to a stream within the state of Colorado," he said.

The designation aims to protect existing high-quality waterways from any future degradation, including pollution from development, mining, oil and gas extraction, and other uses. It does not affect any existing uses in the watershed, so long as they don't degrade current water quality.

The designation, which won unanimous approval by the Colorado Water Quality Control Commission in late August, comes after years of work done by conservation groups.

Carrie Sandstedt, senior officer with The Pew Charitable Trusts, said protections are still needed for many streams in the state, and added that protecting water quality is critical not only for drinking water but also healthy wildlife habitat and ecosystems.

"This designation not only protects rivers and streams, it also protects their associated wetlands. It helps preserve important plant life and other species critical for healthy freshwater habitats," she said.

The designation also protects one of the state's biggest economic drivers. A recent study found that Colorado's river basins generated nearly $11 billion in outdoor recreation spending in 2019. Rudow noted clean water is essential for swimming, rafting and other activities across the Roaring Fork Valley.

"We have the second longest contiguous reach of Gold Medal water in our watersheds, so that's high-quality fishing streams. People come from all over the world, literally, to go fly fishing," he explained.