West Virginia's Water Resource

West Virginia's Water Resources

In the midst of all the concern over gas prices, the stability of our nation’s power grid and air pollution caused by burning fuel, one essential resource tends to be overlooked: water. It seems a given that we will always have an abundant supply of it, particularly here in West Virginia. But new concern has arisen regarding possible attempts by entities outside our state to tap our water sources – which are plentiful, but not endless.

By the end of the 2003 legislative session, a movement geared toward adopting legislation to protect West Virginia’s water supply gained momentum. The legislative leadership assigned the topic to an interim study committee, and a task force composed of representatives of businesses, farmers and environmentalists is completing a preliminary look at potential legislation. The task force and the interim committee are considering drafting legislation to regulate large-scale water use.

West Virginia has never claimed our water resource, and no state agency tracks how much water users pump out of our rivers, streams, lakes or underground pools.

So far, the task force has focused on three major goals:

    * We should recognize West Virginia’s water as a resource for the public good, which benefits residents, businesses and farmers, and take steps to plan for future use.
    * The state should conduct an inventory of our water supply, both the resources and the usages.
    * The Legislature should create a “bridge,” or an interim water preservation plan, to ensure that outside entities don’t rush to capture the resource before the state is able to enact long-term protections.

In part because there is the possibility that large companies – including water and coal companies – could end up paying fees to help fund the state’s regulation effort, some business representatives have expressed concern. The West Virginia Chamber of Commerce is currently examining the situation and is expected to soon take a position on the issue, which could prove to be surprisingly controversial.

* As the weather cools down, some other legislative issues are also heating up.

While some of the Legislature’s Workers Compensation reforms, adopted during a special session in June to help repair a system that faces long-term deficits nearing $4 billion, were implemented immediately, many others took effect earlier this month.

The 300-page legislation included an infusion of $225 million to help with immediate financial needs, plus numerous administrative changes intended to streamline the system, improve efficiency and reduce fraud.

Among the changes enacted this month were measures to bolster fraud and abuse investigations. The inspector general in newly formed Workers Compensation Division now has an expanded role, including the ability to enter any county and prosecute fraud and abuse cases. The division plans to work in tandem with local prosecutors, but if efforts are not successful, the cases would then be transferred to Kanawha County for prosecution.

Other benefit changes – such as the closing the second-injury fund, which has allowed a few large companies to defray significant workers compensation costs at the expense of the entire system; raising the threshold for Permanent Total Disability; and lowering the percentage used to calculate Temporary Total Disability – are already being challenged.

A mine roof bolter with carpal tunnel syndrome has filed a lawsuit with the state Supreme Court to challenge his permanent partial disability stipend, which was lowered by the June legislation. The man questions whether the state can apply the new law to a claim that was filed prior to the legislation’s adoption. Workers Compensation Executive Director Greg Burton said the state must be able to apply the changes retroactively, or the system could go bankrupt. If the division must pay injured workers at the rates applied when they were injured, rather than when the cases were settled, it could lose millions.

* The presidents of Marshall and West Virginia universities remain outspoken in their opposition to potential higher education budget cuts.

In the state budget developed during the 2003 session, the budgets of higher education and most other agencies were reduced by about 10 percent. WVU President David Hardesty and Marshall President Dan Angel have told legislators that the higher ed cut, which was about $34 million, should be restored. By contrast, Gov. Wise has said further cuts, perhaps as much as 9 percent, will be in order. House Speaker Bob Kiss has said that cuts may have to be made, but the Legislature will remain mindful of the importance of higher education and will take every step to ensure that no long-term educational goals are affected.

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.