The Duck River, which flows through seven Middle Tennessee counties, has made a national list of "most endangered" rivers.
The group American Rivers compiles the list annually and said escalating development and multiple uses are stretching the Duck River's water supply.
Grace Stranch, CEO of Harpeth Conservancy, said the river is home to more than 150 types of fish, 56 mussel species and 22 snail species. She cautioned its ecosystem is at a tipping point, prompted by population and industry growth.
"Ecologically on the river, when we look, we're already seeing mussel strandings. And that means that there's not enough water, and mussels have to have water. And so, they're being what we say is 'stranded,' so they don't have the water to survive," Stranch outlined. "We're already seeing this at the current levels."
Stranch's group has made a three-part recommendation to Gov. Bill Lee. It's asking to form an expert stakeholder group to assess water studies for the river, create a comprehensive, long-term water use plan, and allocate enough funding based on scientific data to ensure the river's protection.
Stranch pointed out the Duck River is a drinking water source for nearly 250,000 people in the region. She emphasized the need to choose between conservation and potential collapse in the face of the area's growing water demands.
"You have to provide drinking water for all of these new people. You have to have all these new hookups for these developments," Stranch explained. "That drinking water comes from somewhere. And most people don't realize in Tennessee, the majority of our drinking water, around 60%, comes from river sources in some way, shape or form."
Stranch added her group is especially concerned about the effects of overuse during droughts. She noted the Duck is also the backbone of the local outdoor recreation economy for anglers, boaters and kayakers, with more than 150,000 people using the river and its tributaries for recreation each year.
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A New York City bill is a catch-22 for removing lead pipes. The so-called "Rotten Apple Bill" makes city property owners remove their home's lead service lines and threatens financial penalties if they fail to comply.
Up to 41% of water service lines have or may have lead in them.
Valerie Baron, senior attorney for the Natural Resources Defense Council, applauded the bill's intent but argued there are better ways to address lead service lines. She said problems can arise when property owners organize line replacement work.
"You might be digging up the street six, seven, eight different times for example," Baron pointed out. "It's also confusing. It makes it difficult to get the proper health safeguards in place, and it's not cost-effective."
Baron contended an effective program requires a mandate for lead pipe removal with the city conducting the work at no cost to homeowners. The state has received funds from the Bipartisan Infrastructure Law to replace pipes. But she noted if New York City passes the buck to homeowners, they run the risk of being ineligible for the large pot of money. State dollars have been set aside for this purpose but they do not match federal funds.
Other concerns are the health hazards of removing lead pipes. Disturbing a lead pipe can dislodge little bits of lead and further contaminate the area. Baron noted creating a centralized program ensures a home's pipes are flushed properly and the water is filtered for six months. She stressed the bill's penalties could harm the wrong people.
"It would be a $1,000 fine if you don't get that pipe out," Baron emphasized. "We're concerned that either some landlords might choose to take that fine as the cost of doing business, or other families that couldn't afford the pipe replacement won't be able to afford that $1,000 either."
The push comes as the Environmental Protection Agency is finalizing a new Lead and Copper Rule, which is expected to give municipalities nationwide 10 years to replace all existing lead pipes. There are some exceptions. The EPA's new rule could take effect in 2027.
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A Michigan nonprofit dedicated to keeping oil out of the Great Lakes is celebrating a major victory.
A federal Appellate Court has ruled that Michigan Attorney General Dana Nessel's 2019 lawsuit against Canadian oil company Enbridge belongs back in state court.
Nessel's lawsuit aims to shut down part of the Line 5 petroleum pipeline beneath the Straits of Mackinac over concerns of a potential oil spill.
The 6th U.S. Circuit Court of Appeals discovered that Enbridge moved the case from state court to federal court more than two years past the deadline for changing jurisdictions.
Sean McBrearty is campaign coordinator for the group Oil and Water Don't Mix, and the Michigan director for Clean Water Action. He said the appellate court's ruling is justified, because Nessel sued Enbridge under the State Public Trust Doctrine and the State Environmental Policy Act.
"Essentially what the doctrine says is that the waters and bottom lands of the state are owned by the people," said McBrearty, "and it's the duty of the state government to care for them in perpetuity."
In response, Enbridge issued a statement that says in part that they are disappointed in the Appellate court's decision, and they believe "the case should remain in federal court given the clear and substantial questions of federal law raised by the attorney general's complaint."
Line 5 transports petroleum products from northwestern Wisconsin through Michigan into Ontario, threading through the Straits of Mackinac.
McBrearty underscored that his organization's concerns about the pipeline and the potential for a catastrophic oil spill are rooted in scientific evidence.
"We have a now 71-year-old pipeline, that was made to last 50 years," said McBrearty, "running every day through what scientists call the most dangerous spot in the Great Lakes for an oil spill."
Enbridge maintains that Line 5's safety is exclusively regulated by the Pipeline and Hazardous Materials Safety Administration.
The case will return to Michigan's 30th Circuit Court in Ingham County.
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Recent reports are calling on Virginia and the U.S. to invest in water infrastructure. The U.S. Water Alliance's Bridging the Gap report reviews two scenarios - continuing investments under the Infrastructure Investment and Jobs Act and if funding returns to previous levels.
Virginia received a C+ in the American Society of Civil Engineers' latest infrastructure report card.
Christy Harowski, Value of Water campaign director with the U.S. Water Alliance, said going back to previous spending rates isn't a viable option.
"We're going to have a $2.6 trillion investment gap for water in 2043, which is a huge number. But, if we continue to invest over that same period of time at IIJA spending levels, then that gap would be reduced by $125 billion," Harowski said.
This is based on the Environmental Protection Agency's Needs Survey showing the national water infrastructure investment gap is $91 billion and will only balloon if the bill's levels don't remain. She noted this continued investment at IIJA's rates creates long-term impacts such as keeping 200,000 jobs and households saving almost $7,000 over 20 years.
One challenge with water infrastructure investments for most is that it's out of sight, out of mind. Given local and state funds pay for a majority of water infrastructure, being proactive at a federal level means renewing the IIJA beyond its 2026 expiration. Harowski said past disinvestment has degraded existing infrastructure.
"America's water infrastructure is largely about 100 years old," she said. "In some places, it's even older than that. It is well past its useful life and, as a result of that, more water mains are breaking, more pipes are leaking, and the need to repair and replace a lot of this infrastructure is greatly outpacing the investment in it."
Investing in water infrastructure remains a key issue for voters. The Value of Water Index poll shows there is strong bipartisan support for maintaining the IIJA's investments. Most voters surveyed would pay moderate rate increases supporting local utility projects improving water accessibility and community health.
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