The anti-sprawl brigade is marching on Harrisburg again. This
time, the cause is water. With too much development, wells dry up and faucets
slow to a trickle. Rainfall cannot seep into the ground through a parking lot.
In Pennsylvania, the state and its 5,568 municipalities have little power to use
concerns about water to stop development.
But the two state lawmakers who led last year’s drive to
protect open land could change that. For Sen. James Gerlach (R., Chester) and
Rep. David Steil (R., Bucks), protecting water is merely an extension of the
smart-growth movement. They intend to introduce legislation that would change
the way the state’s water supply is managed.
Gerlach says water issues are similar to land issue.
Questions of how much water should be pumped from a region or which creek is
worth extra protection are best settled closer to home, he says. Water in
Pennsylvania is now controlled by the Delaware River Basin Commission, an agency
with a four-state territory (Delaware, New Jersey, Pennsylvania and New York)
and not much of a micro-focus. Its purview, in general, is withdrawals of the
10,000-gallons-a-day variety, not backyard wells.
Under Gerlach’s bills, municipalities sharing a watershed
could adopt a joint plan to protect water resources. The aim is to make rivers,
creeks and aquifers the basis for planning, instead of municipal or county
boundaries. Like traffic problems created by new shopping malls, water does not
recognize political boundaries.
Though the Ridge administration encourages watershed planning
as part of its "Growing Greener" initiative, the governor has not
taken a position on increasing the state’s control of water resource
management.
Steil is proposing allowing counties to put a tax on homes
and businesses to pay for maintaining stormwater-management systems, such as
clearing drainage ditches of debris and repairing storm grates. Steil envisions
counties using the fee to leverage more money, such as by floating bond issues.
he estimates the fee would be no more than $50 a year for owners of residential
properties. Commercial properties would be assessed based on the amount of
ground paved or otherwise converted. Exemptions might be provided for those
companies that manage their own stormwater, Steil said.
Another obstacle for Steil and Gerlach could be one they
faced with their anti-sprawl legislation: the state’s geographic diversity.
"Even if water is important, but not critical, in Southeastern
Pennsylvania, when you get in Central Pennsylvania it hardly shows up on the
radar screen," said Mike Stokes, a Montgomery County planner. "It’s
going to be a hard sell to get some sort of statewide concurrence."
Across the country, there is a passion about water
conservation as fervent as the movement to save open land, said Jan Bowers, last
year’s president of the American Water Resources Association, a 3,200-member
group of water resource professionals. She is also executive director of the
Chester County Water Resources Authority, which is preparing a countywide
water-management plan.
Out West, where the scarcity of water makes every raindrop
valuable, state control of water use is generally more stringent than on the
East Coast, said Kris Polly of the National Water Resources Association, a
nonprofit, nonpartisan group that lobbies for water customers in 17 Western
states. In Pennsylvania, there is no state agency that controls water use. Only
recently has the Department of Environmental Protections begun evaluation of how
well Pennsylvania is faring environmentally, spokeswoman Chris Novak said.
In New Jersey, the Bureau of Water Allocation has restricted
withdrawals from three aquifers because they are at dangerously low levels. The
state has recently been divided into 20 watersheds, and each is required to
develop a comprehensive plan for growth, conservation and water allocation, said
Barry Seymour of Delaware Valley Regional Planning Commission, which is working
on some of those plans. He said the need was more pressuring in New Jersey
because that state is more dependent upon groundwater for its drinking water.
Pennsylvania relies more on surface water from creeks and rivers. The building
community will oppose anything that would interfere with its ability to make a
living, said Debra Tingley of the Pennsylvania Home Builders Association.
DEP recently issued a new policy saying it would give more
consideration to local land-use plans in deciding whether to issue permits. That
does not change much-criticized 11th hour revision to last year’s historic
land- use law revisions that exempted utilities from conforming to local
anti-sprawl plans. For such exemptions, they must demonstrate a public need for
their projects.
Commenting that Pennsylvania has long been criticized for
lagging behind neighboring states on land use issues, Bowers said, the state now
had a chance to "write water law that can eclipse everything that has gone
on around us. I hope we can do that," she said.
(The Philadelphia Inquirer-1/28/01)