Their New Hampshire neighbors might sneer that they are "quiche eaters" (Vermont does make some wonderful cheese) but when it comes to protecting ground water, the Green Mountain State folks don't want strangers to pump too much of their precious ground water.
Today's Christian Science Monitor has Tom A. Peter's story.
So the Vermont legislature just passed a bill that establishes a water permit system, which Gov. Jim Douglas (R) will likely sign. The law declares ground water to be a public trust and requires all enterprises pumping more than 57,600 gallons per day (40 gallons per minute) to obtain a permit. Most farms are exempt.
The amount allowed without a permit is not insignifcant - it's about about 65 acre-feet per year. That's actually a lot of water from a so-called "exempt" (exempt from a permit or water right) well. Here in Oregon, we allow an exempt well 15,000 gallons per day, which is a lot; Washington allows an exempt well to pump 5,000 gallons daily. New Mexico, much drier that OR, VT, or WA, allows 3 acre-feet per year or about 2,700 gallons per day, < 2 gpm.
So let's say you pump 57,000 gallons per day; no permit is required. That's enough to bottle over 200,000 one-liter bottles of water daily (I am conveniently neglecting the water used in the process), or over 80 M bottles per year. That is not a huge bottling operation, but it's not small, either.
There could be a problem, though: Vermont's measure may violate the North American Free Trade Agreement (NAFTA), since it could constitute a barrier to international trade. If a foreign company believes that its ability to conduct business is hindered by the law, then it can file a claim against the state under NAFTA.
One Canadian firm already pumps Vermont ground water and bottles it in New Hampshire for sales across the country. Other firms may be considering bottling operations. Again, Vermont has "cachet".
Some have warned that NAFTA would have this effect and compromise the ability of border states (or provinces) to manage/allocate their water. Vermont believes it will not be a problem, because all enterprises are treated the same; international firms are not singled out.
Alyssa Neir and I broached these NAFTA issues as they might develop along the USA-Mexico border.
But time will tell, and I suspect this'll get interesting.
Note added on 11 June 2008: Gov. Jim Douglas signed into law legislation declaring Vermont's ground water a public trust and establishing a permit system. Read more here.
"We cannot direct the wind, but we can adjust the sails." -- Bertha Calloway
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