Nadia Ramlagan, Producer
Monday, February 24, 2025
Some Kentucky lawmakers want to weaken protections for waterways many residents depend on for drinking water.
Senate Bill 89, that would narrow the definition of which waters in Commonwealth are protected, has passed the Senate and is now in the Kentucky House.
A few years ago, the U.S. Supreme Court issued a ruling that severely weakened the federal government's abilities to regulate water bodies and wetlands.
Supporters of the Kentucky bill say it falls in line with that decision and would eliminate mining industry permitting barriers.
But it could also pose public health risks for drinking water, said Kentucky Sierra Club Chapter Director Julia Finch.
"So that's really what we're concerned about," said Finch. "We don't want to see any kind of restriction of that definition that would end protections for other water systems, including our groundwater."
According to the Kentucky Geological Survey, more than 1.5 million residents are served by public water systems that rely on groundwater, and about 416,000 rely on wells or springs for water.
Lacking guardrails, water treatment costs could potentially increase.
Finch explained that local public water systems depend on the state to regulate and monitor pollution in streams and rivers that are used for drinking water.
"If we're talking about drinking water," said Finch, "there could be additional water treatment that has to occur, then that cost could then go directly to customers."
Finch pointed out that Kentucky is home to several Superfund and other industrial sites, and noted that some of those sites would no longer have to consider groundwater protections during the cleanup process.
"That's really scary," said Finch, "because Superfund sites are some of our most polluted and deadliest sites."
Under the bill, dumping pollution into headwaters or rain-dependent streams - also known as ephemeral streams - would no longer be prohibited, and the state would lose its ability to limit water pollution or require sampling for these types of waters.
Around 65% of Kentucky's more than 79,000 miles of streams and rivers are ephemeral, according to Environmental Protection Agency data.
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