MELISSA KRAH

February 26, 2010

In 2005, the Connecticut state legislature passed Public Act 05-142. This Act directs the Connecticut Department of Environmental Protection (DEP) to promulgate new regulations to expand stream flow standards from stocked water bodies to all rivers and streams in the state. The Act also instructs the DEP to balance the needs of fish and wildlife with the needs of humans, including drinking water, fire protection, irrigation, manufacturing, and recreation.

On October 13, 2009, the DEP proposed new stream flow standards requiring two provisions. The proposed regulation first requires that all rivers and streams be classified into one of four classes based on their priorities in human use and for ecological needs. Waters classified as "Class 1" waters are considered "natural" because the river or stream has little current development and has not been affected by the human water consumption. "Class 2" waters are "near natural" with characteristics similar to Class 1 waters. "Class 3" waters are rivers that have been "moderately altered" by human activities. Finally, "Class 4" waters are systems in which past practices have resulted in "substantial" alteration in the natural stream flow patterns. The proposed regulation requires that classification of Connecticut's rivers and streams must happen through a public notice and comment process and establishes factors for the DEP to consider when determining how to classify a specific water body. A river or stream's classification effects how that water will be managed in the future.

Once a stream or river is classified, the proposed regulation imposes requirements on dam operators that regulate stream flow, those who divert from a stream or river, or those who pump in significant quantities of groundwater from aquifers that sustain the flow of streams and rivers. The requirements are phased in over time to allow current users to adjust. The proposed regulation also provides an alternative option that allows a stream or river to adopt a flow management compact so long as it meets certain criteria.

On February 4, 2010, the public comment period on the DEP's proposed regulation closed. During the comment period, some expressed concern about the financial cost of the proposed regulation, how the costs would be distributed among beneficiaries, the classification process, and meeting human and developmental needs in the future. The DEP will consider all comments before submitting a final proposed regulation to the Legislature's Regulation Review Committee for approval.

Sources:

Act of June 24, 2005, 2005 Conn. Pub. Acts 142.

Conn. Dep't. of Envtl. Prot., Proposed Stream Flow Standards and Regulations (2009), available at http://www.ct.gov/dep/lib/dep/water/watershed_man agement/flowstandards/proposedstreamflowstandardsregulations_2009oct13.pdf.

Press Release from Conn. Dep't. of Envtl. Prot., DEP Announces Proposed Regulations to Better Protect State's Rivers and Streams (Oct. 13, 2009), available at http://www.ct.g ov/dep/cwp/view.asp?Q=448782&A=3605.

Conn. Dep't. of Envtl. Prot., Stream Flow: Balancing Water Use for Future Generations (2010), available at http://www.ct.gov/dep/lib/dep/water/watershed_mana gement/flowstandards/streamflow_balance_future.pdf.

S. Cent. Conn. Reg'l Water Auth., Position Paper: Proposed DEP Stream Flow Standards and Regulations (2010), available at http://www.rwater.com/pdfs/SCCR WA-Position-DEP-Streamflow.pdf.