Candlewood Valley Chapter

Jeff Yates from the Mianus Chapter was kind enough to send me the notes below concerning the proposed regulations, TU’s position, and some thoughts about improving them. It is an interesting read.

We will likely be asking you all to write in to the DEP and your State Representatives to comment on these proposed regulations in the near future. Already there are industry organizations aligning against these changes.

Main Points Regarding Proposed Streamflow Regulations

These regulations have been a long time coming

• The existing regulations date back to 1979
• The existing regulations ONLY protect stocked streams
• The 2005 bill was meant to address the major gaps in river protection
• The past four years of work was aimed at balancing human needs and ecological concerns and included input from all stakeholders, including water utilities.

These regulations are important

• Water in Connecticut is a public resource which must be protected and preserved for all uses.
• Connecticut has abundant water resources enjoyed recreationally by state residents which also serves as a significant economic asset.
• Current regulations do not adequately protect the fragile ecology of our rivers and streams.
• Rivers in Connecticut already face an abundance of threats from habitat fragmentation due to dams, culverts and other passage barriers, to development, point-source and non-point source pollution and temperature variances which can be ecologically devastating. While these issues can be, and are being addressed through active advocacy, education, outreach and restoration initiatives, it is the supply of natural flows of water, which has the potential to dramatically mitigate much of the other ecological imbalances.
• Trout Unlimited actively works to protect water quality and provide suitable habitat for trout and other aquatic species. Positive gains have been made in increased wild spawning and wild and native trout population levels. All of this work, however, can quickly be undone and take years to recover from just one or two successive years of low flow conditions.

What the new regulations accomplish

• The new regulations provide protection to ALL rivers
• The new regulations require more protective stream flows which more closely match natural flow patterns and protect river ecology
• The new regulations limit groundwater pumping which diminishes river flows. This is a result of several instances where groundwater withdrawals lead to the complete desiccation of large sections of rivers.
• The new regulations provide for a phased implementation period which will allow adequate time for a classification period and implementation by water users.
• The new regulations recognize the varied viability of stream ecology and implement a classification system to guide stream flow levels.
• The new regulations provide ample opportunity for public discourse and input into the classification of all rivers in the state.
• The new regulations allow for individualized stream flow management plans, which can be crafted to more accurately reflect water flows and water needs in a specific river or stream system.
• The new regulations have several provisions which protect the public’s right to water in the case of drought or for other purposes.

Where the new regulations fall short

• The new regulations include a Class 4 designation, which would strip many streams of regulatory protection. Class 4 designations SHOULD include minimum standards which allow for the sustenance of the existing ecological conditions and provide an opportunity for improvement and re-classification.
• The new regulations DO NOT include an emphasis or impetus to actively work to improve ecological conditions for streams. This is particularly important for Class 3 and 4 streams and is directly tied to TU’s mission to Protect, Restore, Reconnect and Sustain.