Ohio plan for lake called 'new low'

Recently enacted legislation by the state of Ohio veers too far from the Great Lakes region's most comprehensive effort to manage water withdrawals, and could face rejection, according to a report issued Tuesday by one of the nation's largest environmental groups.

The National Wildlife Federation said Ohio Republicans were overzealous with legislation on the Buckeye State's rules for putting the plan -- called the Great Lakes-St. Lawrence River Basin Water Resources Compact -- into effect.

According to its report, the Ohio General Assembly recently passed legislation "that sinks to a new low" with a bill that "not only creates the weakest permitting program of all of the Great Lakes states, but it also clearly violates the [compact's] minimum requirements."

The legislation is now before Ohio Gov. John Kasich. His spokesman Rob Nichols said the governor is "still reviewing" the legislation.

"The governor considers the lakes to be an immensely valuable resource," Mr. Nichols said.

Sen. Cliff Hite (R., Findlay), chairman of the Senate Agriculture and Natural Resources Committee, said in late June he believes the adopted bill strikes the right balance between business and environmental concerns by allowing industrial users to withdraw up to 5 million gallons a day from Lake Erie, 2 million from ground and other inland water sources, and 300,000 for streams on record as high quality.

Current law sets the threshold at 2 million gallons for water consumption, total withdrawals minus the water returned to the watershed.

But critics claim the legislation is fraught with loopholes for excessive withdrawals. They also said it does not address requirements to protect the biological integrity of Lake Erie and its tributaries.

After being approved in principle by Great Lakes governors in 2005, the regional water compact was approved by Congress and signed into law by President Bush in 2008.

Each state was told to adopt legislation to put it into effect in their respective jurisdictions. Although minor variances are allowed, the enacting legislation is to be consistent in principle from state to state.

The federation's report assessed where each of the Great Lakes states are in the process. But during a news conference called to discuss it, nearly all comments focused on Ohio.

Ohio is the only state that has dramatically departed from the report's objectives, Marc Smith, senior policy manager for the wildlife federation's Great Lakes Regional Center in Ann Arbor, said.

"That mentality we're seeing in Ohio is really a direct 180 of what led up to the compact," he said.

The states have given themselves until December 8, 2013, to come up with their respective plans.

Two Republicans who preceded Mr. Kasich as governor -- Bob Taft and retired U.S. Sen. George Voinovich -- agree the legislation falls short of its requirement. Mr. Taft said it will invite lawsuits from other states if it becomes law.

But it may not come to that.

Sara Gosman, the wildlife federation's attorney and author of the new report, said the regional water compact has a council with the authority to reject state plans that do not live up to the objectives of the agreement.

Kristy Meyer, Ohio Environmental Council agricultural and clean water director, said environmentalists are trying to convince Mr. Kasich to intervene.

Contact Tom Henry at: thenry@theblade.com or 419-724-6079.