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Like many other Americans, West Virginians have long been concerned about the loss of business or resources to foreign companies. In the early 1990s, there were questions about items such as foreign cars and clothing. In the last several years, we’ve faced the issue of steel dumping. Now, there’s increasing debate over the potential foreign or out-of-state control of West Virginia’s water supply.

Recent newspaper articles have noted that West Virginia is one of only four eastern states that do not have a water-use law in place. While concerns have been raised in the past because of international fights over water supplies, the issue has been driven home in the past few months, as German-based RWE is purchasing West Virginia-American Water, which controls about 25 percent of West Virginia’s water.

The state Public Service Commission regulates the process of providing drinking water and sewage treatment, and the state Department of Environmental Protection regulates how that process affects the local environment, but there is no governmental entity overseeing who takes water out of our state’s streams or how much water they take.  Our state has an abundant water supply, and many state lawmakers are now saying we need to take action to ensure that it’s protected.

One environmental representative told the Charleston Gazette, “We need to recognize that pipelines to our neighbors in the eastern population centers are not out of the question, and we could be exploited.”

During the months leading into the 2004 legislative session, a special interim committee has been instructed to study “a statewide plan for protection of the state’s water supply and access to clean and safe drinking water.” The resolution calling for the study, which was adopted during the 2003 regular session, points out several factors, including:

    – The recent extended drought throughout the eastern United States has brought attention to the need for the planning and protection of water supplies.

    –  The International Center for Investigative Journalism has noted a national and international trend of increasing management and control of water supplies and systems by private interests rather than local authorities, which by contrast are publicly accountable.
    
                –  West Virginia is the only state out of the surrounding states that does not have a   comprehensive plan for maintaining adequate water supplies of clean and safe drinking water.

The committee is to present its findings during the 2004 regular session, along with drafts of any necessary legislation. The committee is currently examining West Virginia’s water usage, and the authority and effectiveness of the state Environmental Quality Board.
     
 * On a different topic, I’d like to clarify something regarding the new Workers Compensation legislation. There has been some confusion surrounding the funding mechanism that will be used to address the fund’s debt and help pay for administrative changes. The final legislation we adopted does not include any new taxes. While there was earlier discussion about further raising the cigarette tax and directing the new revenue toward the Workers Compensation Fund, that proposal died. The final funding formula could potentially draw from the state’s Tobacco Settlement Trust Fund, but that account is the result of the multi-state lawsuit against tobacco firms, and does not involve our tobacco tax.

The following are the funding sources for the new Workers Compensation legislation: $170 million transferred from the state black lung account, which carries surplus funds; $14 million from the tax-relief package adopted by Congress last month; $10 million in general revenue; $5 million from special revenue accounts; $6 million in interest earnings; and $20 million from the Tobacco Settlement Trust Fund, if necessary.

I welcome and appreciate your input on these issues, or any other legislative matter. Please call me at (304)340-3106 or write to Delegate Virginia Mahan, 215-E, Capitol Complex, Charleston, WV 25305.