Water Well Journal
Issue link: http://read.dmtmag.com/i/705618
tion of S. 2848, the Water Resources Development Act of 2016. WRDA legislation is typically reau- thorized every two years and provides support for navigation, flood control, and dam safety projects, among others. This year the Senate bill also included support for drought relief, drinking water infrastructure, and included the Water Supply Cost Savings Act. The 87 organizations who signed on to the letter urged quick consideration for the widely supported bipartisan leg- islation—before election year politics and the annual appropriations process limits floor time. The bill was passed out of the Senate Environment and Public Works Com- mittee by a vote of 19-1, highlighting the strong bipartisan support. The House has introduced its own WRDA legislation that has a much more narrow focus. WRDA legislation contains three im- portant priorities for groundwater pro- fessionals. These include support for improvements to drinking water infra- structure, funding for drought assis- tance, and the Water Systems Cost Savings Act, which provides support and technical assistance to rural com- munities seeking drinking water system improvements. To learn more about S. 2848, visit www.congress.gov/114/bills/s2848/ BILLS-114s2848rs.pdf. Supreme Court Sides with Landowners in Clean Water Rule Case I n a precursor to the larger battle over the fate of the Clean Water Rule that expands the definition of "waters of the United States," the U.S. Supreme Court ruled landowners may challenge the federal government during the permit- ting process, rather than after the per- mitting process has concluded. The case involved the harvesting of peat in northern Minnesota, which the U.S. Army Corps of Engineers deter- mined involved a "water of the United States." Because permitting often takes years and can be quite costly, the Supreme Court ruled landowners can bring a legal challenge during the permitting process rather than after an enforcement action has been issued. The case demon- strates the challenges associated with federal water law, and the decision high- lights some of the key arguments that will be made as the Clean Water Rule makes its way through the legal system. The Supreme Court put implementa- tion of the Clean Water Rule on hold until litigation concludes. Though groundwater is largely regu- lated under the Safe Drinking Water Act, rather than the Clean Water Act, the Clean Water Rule issued last year could impact the market for irrigation wells, due to additional permitting that would be required if the rule is upheld by the courts. EPA Groundwater Rule Will Not Be Revised In 2006, the U.S. Environmental Pro- tection Agency published the Ground Water Rule (GWR). The purpose of the rule is to provide for increased protec- tion against microbial pathogens in pub- lic water systems using groundwater sources. The EPA reviewed the rule from mid- 2015 to mid-2016, pursuant to Section 610 of the Regulatory Flexibility Act, and concluded the rule needs no revi- sions at this time to minimize impacts on small water systems. The results of the review are summa- rized in a report placed in the Water Docket under Docket ID No. EPA-HQ- OW-2015-0541. Contractors have the ability to work with public supply system operators to minimize the potential exposure to sources of micropathogens. National Academy of Sciences Explores Produced Water from Hydraulic Fracturing The National Academy of Sciences convened a May workshop in Washing- ton, D.C. to identify opportunities and gaps in unconventional hydrocarbon development. A significant part of the Department of Energy's 2017 budget addresses de- livery of water in energy-stressed areas. Produced waters from this energy devel- opment include use in further fracking, road de-icing, rare minerals feedstock, geothermal power, and crop irrigation. Among barriers identified were expense in salt removal, matching water sellers and buyers, public acceptance, and water rights. Key points made at the workshop: • Produced water transport costs are high. • The amount of produced water varies with each formation but is significant. • Transparent, consistent, accessible data are needed. • Wellhead practices should be protec- tive of local groundwater. • Quality of waters needs to be known. The workshop recommended that a research plan, case studies, and a data portal should be developed. NGWA may desire to participate in the development of a research plan for produced waters from fracking and con- sider its role in identifying protective wellhead practices and case studies. NGWA Regional Conference Delivers Principles to Guide Best Practices A presentation on the sources, occur- rence, fate, and threats of radium in groundwater, notably in a so-called "Radium Belt" in South Carolina, were part of a keynote presentation by U.S. Geological Survey hydrologist James Landmeyer, Ph.D., at the NGWA Cen- tral Atlantic Conference, June 6-7 in Virginia Beach, Virginia. Other presentations during the two- day event offered the following: • Southeastern Virginia's use of the Potomac aquifer will be augmented by treated wastewater being injected into the aquifer to provide needed water supply, reduce land subsi- dence, and forestall saltwater intrusion. • Virginia is implementing a database for wells that will enable it to im- prove groundwater management and has begun to use groundwater model- ing for water use permit determina- tions to address land subsidence and saltwater intrusion. • North Carolina is seeing a strong rebound in the water table through groundwater permit management based on stakeholder input resulting in rising levels, support of ground- water monitoring, and leading to a groundwater database. NEWS from page 13 waterwelljournal.com 14 August 2016 WWJ