REGION By Franco Ordonez, Globe Staff, 11/20/2003 Citing dangerously low water levels in the upper and middle Charles River, an environmental advocacy group is threatening to sue the Department of Environmental Protection unless the state agency stops its practice of approving nearly every community's request to increase water withdrawals. The Waltham-based Charles River Watershed Association is particularly concerned about Milford, where officials want to draw more water from a Charles River feeding source, Louisa Lake, and Medway, which is looking to increase its average water withdrawal limit from 720,000 to 960,000 gallons a day. Following a lawsuit on similar grounds over the Ipswich River in April, state officials appear to be heeding the environmental group's warnings and have stopped granting new permits in order to further investigate the impact of pulling more water from the Charles River Basin. State officials said they could even reduce current withdrawal limits, depending on what they find. ''We screamed as loud as we could scream,'' said Margaret Van Deusen, deputy director and general counsel for the Charles River Watershed Association, who filed the lawsuit on behalf of the Ipswich River Watershed Association. ''They know we know how to sue them.'' Though cutting water withdrawals from the Charles would leave local officials wondering how they would meet growing water demands in their communities, the excessive pumping of local wells, activists say, steals water that naturally feeds rivers and lakes. Until recently, getting approval from the state to increase water withdrawals was seen by several communities as little more than a tedious bureaucratic process, one that usually worked in their favor. In fact, according to both state and town officials, it was common knowledge for years at the Department of Environmental Protection that Medway had been drawing up to 900,000 gallons a day from its wells -- well over its allowable limit. State officials dismiss suggestions that fear of litigation motivated them to review their permitting process. But they acknowledge that the Charles River Watershed Association's concerns need to be addressed following what was learned about the Ipswich River. ''Looking back at the experience and success of the Ipswich situation, we're obviously taking a longer look at the conditions in the Charles River Basin,'' said Ed Coletta, a spokesman for the Department of Environmental Protection. In the Ipswich case, the state responded by putting stricter water restrictions on the 14 communities that border the river. The Charles River Watershed Association wants similar management controls, such as water bans when river flows fall below a certain level, placed on communities along the Charles. Earlier this year, American Rivers, a national watchdog group, placed the Ipswich River on its list of the nation's 10 most endangered rivers. Activists worry that if water supplies continue to be overtaxed in the Charles River Basin, the upper Charles could end up like the Ipswich -- where in some places fishing has been replaced by dirt biking during the summer. ''The Ipswich case is a perfect case,'' said George Hailer, an attorney who represented a group of Medway residents that brought a separate lawsuit against the town over a threat that development posed to local water resources. ''It shows if you draw too much water you can actually dry up a river. Who would have thought that could have occurred 10, 15 years ago?'' Engineers for the Charles River Watershed Association said that water flows in Milford drop roughly 50 percent below natural levels. In Medway, it is about 27 percent less than where it should be. It is 5 percent below natural levels in Wellesley. But Nigel Pickering, a senior engineer for the watershed association, said in some places the water levels are deceptively high. For example, water flow in Dover is 9 percent above natural levels, but he said that is because the gauge is downstream from a water treatment plant. Treatment plants act as an artificial feeding source of the river. But instead of staying local, thousands of gallons a day are being channeled out of the region. While the state continues its review, local officials are concerned about what a change in policy could mean to their towns. ''I don't know what is going to happen,'' said Mark Flaherty, Medway's water superintendent, indicating that the town probably would have to look into purchasing water if the state enforced the permit that allows withdrawal of just 720,000 gallons a day. Henry Papuga, manager of the Milford Water Co., did not return calls from the Globe. Joe Duggan, Wellesley's water and sewer superintendent, said he must draw up to 5 million gallons in a day -- not just to meet high summer demands, but to ensure that he is within federal guidelines requiring a community to have enough water in case of a major fire or other type of emergency. ''There is no safe side anymore,'' said Duggan, emphasizing that the real culprit is excessive lawn watering, which doubles water demands during the summer. ''If you have to have enough water to fight fires, that means you're drawing more water from the wells. But drawing more water from the wells is impacting the habitat. The two work against each other.'' State environmental officials leave open the possibility that they could turn back water withdrawal limits. ''We want to have a balanced permit out there that takes care of all those who utilize the water and those who protect the water,'' Coletta said. Franco Ordonez can be reached at fordonez@globe.com. This
story ran on page 1 of the Boston Globe on 11/20/2003. |