A new (old) approach to water protection

by Wayne Howard

Water! Our fresh water! Here in New York, clean potable water is one of the most abundant and important of our resources. We live on the shores of two bountiful Great Lakes and the beautiful Finger Lakes are a top tourist attraction. We use these lakes as sources of drinking water and are fortunate to be able to do so. But along with the rest of the world, we may soon face challenges that end easy access to abundant fresh water for all.

 

As most of you know, New York may begin this year to permit hydrofracking for natural gas. Hydrofracking uses 3 to 9 million gallons of fresh water each time a well is “fracked” (USGS). Many thousands of wells could be drilled in the state and fracked on multiple occasions. Where will all of that fresh water come from? How and where will the toxic wastewater be processed?

 

Similarly, climate change plays a role in how water throughout the world is distributed. Our area is expected to see more precipitation in winters, drier summers, and increased extreme storm events. The Upper Great Lakes have already experienced a drop in precipitation and lower groundwater levels. Lake levels have also been on the decline and could drop another two feet within decades, according to the Union of Concerned Scientists.

 

It is estimated that only 1% of the water that makes up the Great Lakes is replenished by precipitation annually. Exacerbating the problem, groundwater is being drawn down without regulation. In the past 40 years, the Aral Sea in Kazakhstan/Uzbekistan, formerly the world’s fourth largest lake, has been drained 90% to grow cotton in the desert. That’s the equivalent volume of Lake Huron and Lake Erie combined! Could the same thing happen to our Great Lakes or Finger Lakes?

 

As water becomes more scarce and more valuable, private companies are buying the rights to fresh water – also known as “privatization” – to sell it to the highest bidder, leaving those who can’t pay without. How well will our water supply be protected by the existing Great Lakes Compact, the proposed lake level plan, and the new NYS water withdrawal regulations? How do we prevent our water from becoming a commodity and restore it back to the common good for future generations? These questions and more were discussed at Rochester Regional Group Spring Forum.

 

Attorney Jim Olson, chairperson of FLOW for Water, discussed his vision forprotecting water as a “common good” for future generations, through the legal and political structure of the public trust doctrine. Please seewww.flowforwater.org for a brief history of this legal tool. For the video from our forum, see www.newyork.sierraclub.org/Rochester.

 

Our Chapter's Great Lakes Committee is planning events with Chapter Groups throughout the coming year to further explore how the public trust doctrine can be used as a tool to help protect our resources. Please see our Chapter website for more information as it becomes available. For questions, please e-mail me at greatlakes@newyork.sierraclub.org.
 

Wayne Howard chairs the Chapter’s Great Lakes Committee.