Rep. Steven R. Stemler granted committee hearing on bistate water agreement legislation

INDIANAPOLIS — State Rep. Steven R. Stemler (D-Jeffersonville) continues working to establish the Indiana-Kentucky transborder groundwater authority in response to continued concerns about ownership of the groundwater reserves between Indiana and Kentucky.

House Bill 1137, authored by Stemler, calls for evaluation of the ownership rights to the groundwater resources, shared by southern Indiana and northern Kentucky. The intent is to explore the option of entering into a compact agreement between Indiana and Kentucky concerning the shared use of the groundwater reserves. The bill is scheduled to be heard by the House Interstate & International Cooperation Committee on Tue., Jan. 26, at 10:30 a.m. (EST) in the Statehouse [get a map].

“Without a bistate water rights agreement, domestic and commercial demands on our finite water resources could have a devastating effect on both states,” said Stemler. “A compact agreement between both states would ensure that the resource is managed and protected in respect for future generations.”

The Indiana-Kentucky compact would be similar to that of Michigan’s Great Lakes-St. Lawrence River Basin Water Resources Compact which regulates the diversion of the Great Lakes basin between eight Great Lakes states and two Canadian provinces.

The Indiana-Kentucky transborder groundwater authority would establish a similar joint compact agreement but on a smaller scale, primarily focusing on mutually agreed upon best practices and on interests and ownership rights of the shared water aquifer.

“The establishment of a compact would be a good business practice,” said Stemler. “The agreement is in the best interest of both states and would prevent the next ‘gold rush’ should someone decide to claim the ownership rights of this valuable resource.”

Should the two states be unable to reach an agreement over access and rights to the groundwater reserves, the matter may be resolved by the U.S. Supreme Court or through Congressional action.

“This proposed compact agreement would help us avoid having to look to Washington to decide our future,” commented Stemler.

Congress has the authority to apportion states’ rights to interstate waters under “the commerce clause.” However, this clause has not been extended to include aquifers, meaning additional interpretation of the clause would need to be done before a decision could be made.

“An interstate compact allows both Indiana and Kentucky to have a voice in decisions made about the groundwater’s use,” explained Stemler.

Stemler has been a strong advocate for the protection of Indiana’s water resources since entering the state legislature, pushing for both water conservation plans as well as long-term water utility plans.