Status of the Alabama Water Agencies Working Group (AWAWG)

1. Status of the Alabama Water Agencies Working Group (AWAWG) Alabama Water Resources Conference September 5, 2013

2. AWAWG Member Agencies ADEM-AL Department of Environmental Management (water quality management and biological monitoring) AGI-AL Department of Agriculture and Industries (agriculture, farming, agribusiness, irrigation) DCNR-AL Department of Conservation and Natural Resources (state land management, wildlife resources protection) GSA-Geological Survey of Alabama (water and natural resources investigations and assessments) OWR-AL Office of Water Resources (water quantity, water use reporting, water planning, drought response)

3. AWAWG Subcommittees • Legal • Database • Stakeholder • Legislation • Reporting • Public Information Web site: www.adeca.alabama.gov/AWAWG

4. Alabama Water Agencies Working Group (AWAWG) Update: Legal Subcommittee 2013 Alabama Water Resources Conference September 5, 2013 Orange Beach, Alabama Bennett L. Bearden, J.D., LL.M., J.S.D. Chair, Alabama Water Agencies Working Group Special Counsel on Water Law and Policy

5. Legal Subcommittee • The role of the Legal Subcommittee is to work closely with the AWAWG Chair and Subcommittee Chairs, advising and conducting research on relevant water resources and other attendant legal issues, laws, policy issues or questions associated with the advisory role of the AWAWG and assisting with drafting of proposed legislation. The Legal Subcommittee is composed of all the attorneys of the five state agencies of the AWAWG. Members: • Bennett Bearden, Chair – Special Counsel on Water Law and Policy • Vernon Barnett - Alabama Department of Environmental Management • Will Gunter - Alabama Department of Conservation and Natural Resources • Patrick Moody - Alabama Department of Agriculture and Industries • Craig Kneisel - Office of Water Resources

6. Riparian or Other Legal Issues • Educate stakeholders and public on current status of water law in Alabama • Surface Water • Groundwater • How Alabama law compares with other states • No new regulations, policies or laws until there is sufficient data, an assessment supporting them or a demonstrated need for them • Adopt or use as guidance the American Society of Civil Engineers Regulated Riparian Model Water Code • Close coordination of water quantity and quality • Strong enforcement program for water quantity regulations and laws • Need for regional or localized inputs into water quantity planning and issues • Encroachment of federal government into state water quantity issues • Consider Safe Dams legislation

7. AWAWG Database Subcommittee • Membership: • Tom Littlepage (OWR) Co Chair • Lynn Sisk (ADEM) Co Chair • Marlon Cook (GSA) Co Chair • Stan Cook (DCNR) • Glen Zorn (Ag and Industries) • Goal (Governor Bentley’s April 18, 2013 letter): • "Create a comprehensive database of Alabama's water resources. Gather all existing data and let me know about any additional data that needs to be collected to provide a full understanding of the State's water resources, the current uses of these resources, and the need for these resources (including, but not limited to, industrial, economic, public health and safety, and environmental needs.)”

8. AlabamaWater Agencies Working Group Stakeholder Subcommittee Duties: Organize and conduct meetings with outside stakeholders from groups that represent, at a minimum, economic, industrial, utility, public drinking water supply, public safety, recreational, environmental, ecological and agricultural interests, the AWAWG agency members, key legislators and the Governor’s staff.

9. Alabama Water Agencies Working Group Stakeholder Subcommittee Members: AWAWG Chairman (GSA) – Bennett Bearden, Esq. Alabama Department of Agriculture and Industry – Glenn Zorn The Office of Water Resources (ADECA) – Brian Atkins Alabama Department of Environmental Management – Lance LeFleur

10. Alabama Water Agencies Working Group • Comments from Stakeholder Groups: • Academic (6) • Business and Industry (12) • Citizens (9) • Environmental (15) • Federal Agencies (9) • Lake Associations (7) • State Agencies (6) • Water Associations (5) • Water Utilities (4) • Watershed and Recreation (2)

11. Stakeholder comments Summary: • 51% - Water resources management • 41% - Surface and groundwater assessments • 41% - Water data collection • 40% - Conservation and water reuse • 40% - Instream flows • 37% - Economic development • 33% - Key stakeholders education and outreach • 30% - Public education and outreach • 30% - Interbasintransfers • 29% - Riparian law/legal regime • 19% - Drought planning • 17% - Enhanced COU- permitting • 14% - Interstate coordination Alabama Water Agencies Working Group

12. Legislative Subcommittee • The Legislation subcommittee was established to coordinate AWAWG policies related to State legislation. It shall consider, review, draft and report back on proposed legislation in support of the AWAWG. The Legislation subcommittee shall monitor, analyze and recommend policy direction and advocacy strategies based on stakeholder input on legislative and regulatory matters on water resources issues that affect the development of a comprehensive water resources management plan for Alabama. In consultation with the AWAWG Legal Subcommittee, this Subcommittee shall assume a lead role in development and drafting of proposed legislation attendant to implementing a comprehensive water management plan in the State. The Legislation Subcommittee reports to the AWAWG Chair. • Members: • Tom Littlepage, Office of Water Resources (Co-Chair) • Stan Cook, Dept. of Conservation & Natural Resources (Co-Chair) • Pat O’Neil, Geological Survey of Alabama (Co-Chair) • Glenda Dean, Dept. of Environmental Management • Glen Zorn, Agriculture & Industries

13. AWAWG Web Site: www.adeca.alabama.gov/AWAWG E-mail: water@adeca.alabama.gov

14. AWAWG Stakeholder Comments www.adeca.alabama.gov/AWAWG

15. AWAWG Web Site Page Views • Thru August 27, 2013: 4,261 page views • 41 of 50 States as well as Washington, D.C. • Numerous foreign countries including: Australia, Argentina, Spain, Switzerland, Canada, China, Japan, Russia, England, Philippines, India, and Thailand Legend Yes No

16. AWAWG Web Site: www.adeca.alabama.gov/AWAWG E-mail: water@adeca.alabama.gov