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Protection of water resources a key legislative goal for Rep. Stemler

News & Media

For immediate release:
Jan. 16, 2015

INDIANAPOLIS – State Rep. Steven R. Stemler (D-Jeffersonville) has authored a bill that addresses the emerging concerns regarding rights to groundwater reserves that are shared between Indiana and Kentucky.

House Bill 1334 would establish the Indiana-Kentucky transborder groundwater authority to develop mutual management between states regarding shared underlying groundwater resources in southern Indiana and northern Kentucky.

“The anticipated growth in domestic and commercial demands on our finite water resources means we must work together with our counterpart in Kentucky to properly manage, preserve, and protect this valuable asset for future generations,” said Stemler.

Patterned after the Great Lakes Compact, formation of the groundwater authority is the first step in creating an interstate compact. Its objectives are advocacy for participating counties’ interests before government agencies and developing positions on major water resource issues, including ownership rights of groundwater.

Cases between two states over access to groundwater reserves may also be resolved by the U.S. Supreme Court or Congressional action. However, settling disputes in this manner has its drawbacks.

When the U.S. Supreme Court settles an interstate water dispute, judicial apportionment favors current and near-future uses of water over future use. This grants an advantage to a state using as much water as possible compared to a state using its water conservatively.

Congress has the authority to apportion states’ rights to interstate waters under “the commerce clause.” Determining whether the authority of Congress extends to aquifers would involve interpretation and application of the commerce clause, which has never been done before.

“An interstate compact allows for more bargaining flexibility than leaving the settlement of a water dispute to the U.S. Supreme Court,” explained Stemler. “The commission established by an interstate compact has the ability to respond to circumstantial changes in a way that is fair and acceptable to both Indiana and Kentucky. Each state will have an equal voice on the commission.”

Under HB 1334, the authority will include a soil and water conservation district board member, the director of the Department of Natural Resources, county health officers, and elected officials from municipal and county government in participating counties.

Additional authority responsibilities include: (1) studying the ownership rights of groundwater resources shared by Indiana and Kentucky, (2) exploring the prospect of entering into a mutually fair interstate compact with Kentucky, and (3) making recommendations concerning the previously described interstate compact.

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