NEWS RELEASE
For Immediate Release
October 24, 2024
Contacts:
Julia Blatt, Massachusetts Rivers Alliance (juliablatt@massriversalliance.org, 617-875-6697)
Erin Bonney Casey, Ipswich River Watershed Association (ebcasey@ipswichriver.org, 617-543-
0741)
George Comiskey, Parker River Clean Water Association (parker.river@verizon.net, 978-994-
3582)
Massachusetts rivers and streams are not adequately protected under state rules, according to a letter issued by the U.S. Environmental Protection Agency (EPA) on Friday October 18th.
“Water withdrawals continue to contribute to low stream flows, causing environmental challenges in the Commonwealth’s waters. We propose exploring a practical and impactful path forward to address these concerns,” EPA’s letter states. The letter points out specific state water withdrawal regulations that must be revised in order to better protect water resources and comply with the law.
The letter, signed by EPA Region 1’s Deputy Regional Administrator Karen McGuire, was sent in response to a Notice of Intent to Sue letter filed with EPA in July 2023 by the Massachusetts Rivers Alliance, the Ipswich River Watershed Association (IRWA), and the Parker River Clean Water Association (PRCWA), stating their intent to sue the agency over this issue.
In their Notice of Intent to Sue, the water protection organizations argued that critical portions
of Massachusetts’ water withdrawal regulatory scheme are not based on sound science, and
were therefore non-compliant with the federal Clean Water Act. Specifically, Massachusetts
Department of Environmental Protection’s (DEP’s) safe yield and streamflow criteria regulations allow for excessive water withdrawals and do not ensure that enough water remains in the natural systems to reliably provide for human and environmental needs.
“In order to have water quality in a stream, you need water,” said Julia Blatt, Executive Director of the Massachusetts Rivers Alliance. “While streamflows naturally vary with the seasons, they are also affected by our water use. When we use too much water during dry times, it harms both water quality and stream health. We are pleased to see that the EPA agrees that our state regulators need to take a more active role in protecting the health of our streams and we look forward to working with both state regulators and the U.S. EPA to fix this problem.”
“The Ipswich River Watershed Association has been working for decades to protect the lovely
Ipswich River, which has been threatened by water withdrawals for even longer. The Ipswich
River has been on American River’s list of the ten most endangered rivers in the U.S. twice – in 2003 and 2021 - due to excessive water withdrawals. Although we are focused on our river and our watershed, the issue of how we regulate our water use impacts rivers across the state. We hope this letter from the EPA will make this issue a priority for our state DEP,” said IRWA’s Executive Director, Erin Bonney Casey. “Reducing summer water use extends the life and health of aquatic wildlife, as well as the sustainability of our water supplies.”
“Low streamflow in the Parker River has been a problem for a very long time, and it’s getting
worse with climate change,” said George Comiskey, Parker River Clean Water Association Board member. “During the last few droughts, we’ve seen record low flows in our watershed and parts of the river run dry. Yet the state allows people to withdraw more water in the watershed than is actually there. This makes no sense and we’re glad the EPA agrees.”
It is now up to DEP to revise its regulations under the Water Management Act, the state law
governing water allocations for municipal water suppliers, golf courses, and other large water
users.
“Water scarcity is a climate issue that cannot be ignored and will only grow as a problem in
Massachusetts with increased human demand and pollution,” said Kevin Cassidy, the group’s
counsel, Senior Staff Attorney with the Lewis and Clark Law School’s Earthrise Law Center.
“EPA’s letter points out scientifically based changes DEP must undertake to address this issue
and meet its legal obligations under the Water Management Act and the federal Clean Water
Act.”
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Glossary:
Water Management Act: The Water Management Act (M.G.L. c. 21G) became effective in
March 1986. The Act authorizes the Massachusetts Department of Environmental Protection
(MassDEP) to regulate the quantity of water withdrawn from both surface and groundwater
supplies. The purpose of these regulations (310 CMR 36.00) is to ensure adequate water
supplies for current and future water needs. The Water Management Act (WMA) consists of a
few key components, including a registration program and a permit program.
Clean Water Act: 33 U.S.C. §1251 et seq. (1972) The Clean Water Act (CWA) establishes the
basic structure for regulating discharges of pollutants into the waters of the United States and
regulating quality standards for surface waters. Under the CWA, EPA has implemented
pollution control programs such as setting wastewater standards for industry. EPA has also
developed national water quality criteria recommendations for pollutants in surface waters.
Safe Yield: Safe yield is a regulatory term defined in 310 CMR 36.00 (Massachusetts Water
Resources Management Program). Safe Yield means the maximum dependable withdrawals
that can be made continuously from a water source including ground or surface water during a period of years in which the probable driest period or period of greatest water deficiency is
likely to occur; provided, however, that such dependability is relative and is a function of
storage and drought probability.
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