water Story Archives - Page 17 of 19 - West Virginia Public Broadcasting

Senators Bring Local Issues to Senate Floor

Two senators rose to speak on the floor Wednesday about local issues they feel could have larger state impacts.

Senator Bill Laird brought to the chambers attention the possible closure of the Hawk’s Nest Golf Course in Fayette County.

Sixty-two percent of the course’s budget is absorbed by the state because of a lack of participation from the community, but Laird said the point of state parks is not to make a profit. The point is to provide recreational opportunities to the people of West Virginia while protecting its wildlife.

“Mr. President, I rage today on behalf of the people who live in a region that once contributed greatly to the economy of this great state. Mr. President, I rage today on behalf of the communities who are struggling to rebuild themselves in the wake of declining populations and shrinking economic opportunities. Mr. President I rage today on behalf of families who want their children to learn to hit a golf ball rather than a crack pipe. Mr. President and ladies and gentlemen of the Senate, thank you for allowing me to rage.”

Senator Mike Hall of Putnam County stood to address the struggles the city of Hurricane is facing in trying to build a water impoundment to use as a secondary, emergency water source.

The city currently has a pond that can provide a 25 day supply, but Hall said since 2010, they’ve been trying to build a second that could provide and additional 17 days worth of water.

The plan is being blocked because the Department of Environmental Protection says it impacts a small stream and three tenths of an acre of wetlands.

“I understand wetlands and streams need to be mitigated, but the frustration that I personally feel for the city and the citizens is that this is a water project and I can tell you that since what’s happened recently with the Elk and so forth, people came to Hurricane for water during the crisis. If you look, there aren’t any above ground tanks there. There isn’t anything to interfere with this and because our county does well and our per capita income is what it is, we apparently can’t get some relief that some of your counties might get.”

Rockefeller Still Skeptical of W.Va. Water Safety

Sen. Jay Rockefeller is still skeptical about safety of drinking water for 300,000 Charleston-area residents. At an appearance Friday in Charleston, the…

Sen. Jay Rockefeller is still skeptical about safety of drinking water for 300,000 Charleston-area residents.

At an appearance Friday in Charleston, the West Virginia Democrat said he would not drink tap water when he is visiting the capital city, according to the Charleston Daily Mail.

Rockefeller made the comments on the same day Gov. Earl Ray Tomblin lifted a state of emergency. The now-lifted emergency declaration covered nine counties affected by the Jan. 9 spill of a coal-cleaning agent into the Elk River.

Health officials said the water was safe to use more than a month ago, but Tomblin kept the emergency declaration in force partially because of lingering odor from some taps and showers.

Rockefeller said of the safety of the water supply, “You can’t be sure.”

Governor Tomblin Lifts State of Emergency Seven Weeks After Elk River Spill

Governor Earl Ray Tomblin has lifted a state of emergency for nine counties in West Virginia that were affected by a chemical spill into the Elk River by Freedom Industries that tainted the drinking water supply of 300,000 residents.

Hours after a spill of the coal processing blend of MCHM and PPH was detected on January 9, nine counties surrounding the state’s capitol city of Charleston were placed under a state of emergency. Seven weeks and one day later, Tomblin has lifted the state of emergency. He’s directed state agencies to continue monitoring and responding to public health and safety concerns.

Immediately following the spill, restaurants and some local businesses were forced to close by order of the local health department. The CDC recommended that the water was appropriate for use at levels of MCHM below 1 parts per million. This week, the federal agency was finally comfortable in saying it was safe. The state established its own testing threshold at 10 parts per billion.

West Virginia American Water began lifting the do not use ban four days after the spill and advised residents to follow a detailed flushing procedure. Some residents in the area continue to report an odor of black licorice in their water.

An independent in-home testing project is currently underway to determine odor thresholds for MCHM, as well as study the health risks associated with the chemical. Taxpayers in West Virginia are funding the nearly three quarter of a million dollar project.

Delegates Want Special Session Focusing On Water, House Speaker & Judiciary Chair Disagree

Delegate Meshea Poore has asked Governor Earl Ray Tomblin to call a special session to focus solely on legislation to protect the state’s water supply. She’s received bipartisan support in her request from more than 20 delegates, including many from the nine counties directly affected by the water crisis.

However, House Speaker Tim Miley and Judiciary Chair Tim Manchin disagree and say that deliberations on Senate Bill 373 will continue.

“If, in fact, we proceed with ‘business as usual,’ we will miss a golden opportunity to produce legislation that will instill a renewed sense of confidence in the administrative and legislative branches of West Virginia’s governance structure,” Poore stated in the letter.

“Placing (the water bill) on the call will provide ample and appropriate vetting opportunities by the respective committees; thus resulting in sound public policy,” she added.

The House Judiciary Committee continues to discuss a proposed amendment to the bill.

Among those who have signed Poore’s letter is Delegate Mike Manypenny of Taylor County, Co-Chairman of the Joint Committee on Water Resources, and House Minority Leader Tim Armstead of Kanawha County.

But Judiciary Chair Tim Miley disagrees with Poore and her fellow delegates’ request.

“Between the House Health and Judiciary Committees, members have probably spent more than 20 hours in hearings, debating and listening to numerous experts about Senate Bill 373,” Manchin said.

Manchin noted there is over a week left in the regular session and the House Judiciary Committee will continue working on the bill.

“I anticipate we will spend many more hours on this in the coming days,” Manchin said in a release Thursday.

“We have been very thorough and plan to give this important piece of legislation careful consideration.

Speaker Tim Miley echoed Manchin’s sentiments on the matter.

“The discussion of the need of a special session is unnecessary as the bill is moving though our committee process in a timely manner,” Miley said.

“I regret that these members want to give up on passing a bill during the regular session when we still have plenty of time to perfect it.”

Constitutional Amendments Make it One Step Closer to Nov. Ballot

In a rare occurrence at the statehouse, Senators debated three possible Constitutional Amendments on the floor, changes that will ultimately be sent to the people for their approval.

Senate Joint Resolution 10 proposes a Constitutional Amendment designating the right to hunt and fish for West Virginians.

Sen. Corey Palumbo amended the resolution on the floor Wednesday, clarifying that the people of West Virginia have the right to hunt and fish the state’s game, but the state still maintains the ability to regulate those activities.

“What I fear in this amendment is that we are trumping those private property rights which our ancestors were so concerned about,” said Sen. Clark Barnes in opposition to the amendment. “Mr. President, I’m not urging members to vote one way or another, but I don’t believe the right to hunt and fish trumps private property rights.”

The amendment passed on a vote of 31 to 2, with Senators Barnes and Mike Hall voting against it.

Senators then moved to Senate Joint Resolution 12 proposing a Constitutional Amendment claiming the waters of the state for the use and benefits of its citizens.

The resolution came from Senate Majority Leader John Unger who has been increasingly vocal about protecting the resource since the Elk River chemical spill last month.

The amendment reads:

“It shall be the policy of the state of West Virginia that the water resources of this state shall be protected, conserved, utilized, and developed for the benefit, enjoyment and general welfare of its citizens consistent with and subject to the riparian rights and groundwater rights of the owners of real property.”

The resolution passed unanimously.

The final Senate Joint Resolution taken up for consideration was SJR 14, protecting the state’s Future Fund and designating how the interest earned from the fund can be spent.

The resolution couples with Senate Bill 461, Senate President Jeff Kessler’s bill creating a Future Fund. It is created through statute, but how those funds can be used after its establishment must then be determined by the people.

The amendment proposes restricting access to the principle for six years following its creation and restricts its appropriation for things like education, infrastructure or tax relief measures.

The resolution passed unanimously.

If all three resolutions are passed by the House, they will appear on the ballot in November for approval by the people.

The Law Works – Safety of Our Water Supply

One of the things we typically take for granted is that our water is safe. Safe to drink. Safe to give our children. But three hundred thousand West Virginians are no longer sure–and we all have questions. Dan Ringer talks about safe water in West Virginia on a special hour long The Law Works. Guests include Alan M. Ducatman, M.D., West Virginia University; Paul F. Ziemkiewicz, Ph.D., Director of the West Virginia Water Research Institute; and Professor Patrick C. McGinley, West Virginia University College of Law.

The Law Works airs on WV PBS Thursdays at 8:30 p.m. and on WV PBS.2 Fridays at 11 a.m.