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Protecting West Virginia's Healthiest Streams...

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Capitol Showdown:
WVRC aims to protect West Virginia trout streams

A nearly decade-long battle to protect West Virginia’s most pristine headwaters is approaching a decisive showdown this winter. In March, West Virginia’s legislature will decide with a pen stroke how many of the state’s healthiest headwater streams—including hundreds of trout fisheries—will receive special protections under state laws.

The streams considered for these protections are included on lists known as the Tier 2.5 list and Category B2 “Trout waters” list. WVRC battled last year to protect these lists, but another showdown is rapidly approaching.

This year’s battle is critical: Over the summer, West Virginia’s governor added insult to injury after Tier 2.5 opponents lobbied him behind closed doors to reduce a once robust list of 309 streams to only 157 streams.

Removing and downgrading streams from these lists leaves them vulnerable to future development pressures, such as resource extraction and development.

Industry and agricultural opponents have these lists in their crosshairs and WVRC will do our best to stop them from exposing our state’s most valuable waters to an uncertain future.

Start contacting Governor Manchin’s office and your local representatives today to let them know the importance of protecting these streams.

This battle requires your continued support!

_ No more compromises!

_ Our most pristine rivers and streams must be protected from future pollution.

_ Insist that DEP use science and law – not politics – when developing West Virginia’s environmental regulations.


Contact West Virginia Governor Joe Manchin

Web Site: www.wvgov.org
E-mail: governor@wvgov.org
1900 Kanawha Blvd., E.
Charleston, WV 25305
Phone: (304) 558-2000
Fax: (304) 342-7025

West Virgina House of Delegates Members - Click Here

West Virginia Senate Members - Click Here

For more info and the background of Tier 2.5 streams Click here

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Received Friday, February 29, 2008

Good Bye, Tier 2.5?

By Donald S. Garvin, Jr.
WVEC Legislative Coordinator

In a surprising turn of events late this week, both the Senate and the House Judiciary Committee actually eliminated the "Tier 2.5" category from the Antidegradation Implementation Rule.

You heard me right, folks. Tier 2.5 is gone, and there is now a new definition of Tier 3 that was adopted by House Judiciary.

Under the House language, Tier 3 streams are now "all Federally designated rivers under the ‘Wild and Scenic Rivers Act’, 16 U.S.C. #1271 et seq.; all streams and other bodies of water in state parks and forests, waters in national parks and forests and waters designated under the ‘National Parks and Recreation Act of 1978’ as amended; and pursuant to subsection 7.1. of 60CSR5, those waters whose unique character, ecological or recreational value, or pristine nature constitutes a valuable national or state resource."
The Tier 2.5 category is now gone in both the Antideg rule and the Water Quality rule, and the new Tier 3 definition was put into both rules. In addition, the additional trout streams that DEP had included in the updated B2 list were removed, leaving the definition of "trout waters" in tact, along with the old list of B2 streams.

My instant analysis is this: all streams on public lands in WV would now be Tier 3 automatically. Streams on private lands could be nominated for Tier 3 designation. And there will be no tier lists for the legislature to approve!

When the rules were sent to the floor of the full Senate, Senator Kessler spoke about how corrupt and unworkable the Tier 2.5 process had become, and offered an amendment that removed entirely the Tier 2.5 category from the Antideg rule. That amendment passed, and the Senate then passed the DEP rules bundle (SB 373), the Water Quality Standards rule (without the additional trout stream list), and the Antideg rule (without a Tier 2.5 category).

That brings us to yesterday, where in a move orchestrated by the Speaker of the House Richard Thompson (D-Wayne) and House Judiciary Committee chair Carrie Webster (D-Kanawha), the House Judiciary Committee amended back into the rules bundle (SB 373) both the Water Quality Standards rule and the Antideg rule, and included the new definition of Tier 3.

So that’s where things stand at this hour.

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Received Tuesday, January 8, 2008
"WVRC and public help pressure legislators to restore stream lists"

In an amazing turn of events, the Joint Legislative Rule-Making Review Committee voted yesterday to restore the Tier 2.5 stream list to the 309 proposed in last year's rule! At the meeting, Delegate Mike Burdiss (D-Wyoming) pulled out a map of the state’s streams and gave an eloquent speech about the importance of streams and water quality. He then made a motion to restore the list to the 309 streams. All the Democrats voted in favor, and all the Republicans voted against it. The vote was the same on approving the rule as amended. The committee also approved the more than 450 streams on the B2 trout list as proposed by DEP (same as last year's rule).

This is just the beginning! With 60 brutal days to go, now's the time to ratchet up our grass roots campaign!

Please call State Legislators and the Governors Office. Voice your opinion or use our talking points.

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Received Friday, June 8, 2007 @ 4:50 PM From WVDEP:
The West Virginia Department of Environmental Protection
has scheduled public hearings for its 2008 proposed
legislative rules. All hearings will be held at DEP's
Charleston headquarters, 601 57th Street S.E., Charleston,
WV 25304. Oral and written comments shall be limited to
the proposed revisions to the following rules. All
comments will be made a part of the rulemaking record.
Copies of the rules and other rule documents are available
from the Secretary of State?s office or from the agency at
www.wvdep.org/2008rules. You may also obtain hardcopies of
the information by calling the phone numbers listed below.
Written comments may be submitted to the Public Information
Office at the above address. Comments may also be e-mailed
to comments@wvdep.org . The hearing dates, locations and
comment deadlines are as follows:

*60CSR5 Antidegradation Implementation Procedures-
The public hearing will be held at 7 p.m. on July 16, 2007, in
the Coopers Rock Training Room. The comment period will
end at 5:00 p.m. on July 17,

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Manchin orders DEP to cut back stream list - June 13, 2007

Call Governor Joe Manchin and State Delegates. Tell them to protect streams designated to the 2.5 list! No Compromises!

The assault on 309 of West Virginia’s healthiest streams is in progress, including waters in the Monongahela National Forest and other public lands.

The Tier 2.5 list contains waters supporting wild trout populations, flowing through our state parks and national forests, or those having other unique scenic, recreational, or ecological values.View full Tier 2.5 stream list

The list includes the Blackwater River in Tucker County; Cranberry, Williams, and Elk rivers in Webster and Pocahontas counties; Seneca Creek in Pendleton County; Loop Creek in Fayette County; and Elkhorn Creek in McDowell County. View full map of Tier 2.5 streams

Some of the state’s most adamant industrial and agricultural promoters—who vehemently oppose the Tier 2.5 list—are working actively to dismantle these protections.

YOUR VOICE MUST BE HEARD!

Contact West Virginia Governor Joe Manchin

Web Site: www.wvgov.org
E-mail: governor@wvgov.org
1900 Kanawha Blvd., E.
Charleston, WV 25305
Phone: (304) 558-2000
Fax: (304) 342-7025

West Virgina House of Delegates Members - Click Here

West Virginia Senate Members - Click Here

For more info and the background of Tier 2.5 streams Click here

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