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Newsletter of the V.J.Planning Office and the V.1. Water Resources Research celTacRoy COL Eng Caribbean Research Institute College of the Virgin Islands, St.Thomas, US.Virgin Islands 00801 809/774-1252 Ext. 250 Vol. 2, No. i. Jan.-Feb., 1979 There is seemingly a galaxy of problems concerning the water resources of the Virgin Islands. The complexity of the issues involved often confuses anyone wishing to understand any single problem. It is clear however to those who reside in these islands that many people do not have access to an adequate and dependable supply of potable water. There is a dif- ficulty with both the quantity and qual- ity of public water supplies. To better understand why this situation exists, let's first look at the stated role that the government plays in water resources; then, the administrative structure that has evolved in order to carry-out that role. WATER LAW: In areas of insufficient water supply, in- creased management of stream systems and ground water is required to increase and maintain water yields of good quality. Such management depends not only on cor- rect knowledge of natural water conditions, but also, and equally important, on legal control of water use that is both reason- able and practical. A water right is a right, granted by law, to take possession of water occuring in a natural source of water supply and to put it to beneficial use. In the United States, two major doctorines of water law for establishing water rights have been followed: the common-law doctorine of "riparian rights" and the doctorine of “prior appropriation." AY fparian right is based on ownership of Lonigierens to a natural water supply; us , for surface water this applies to ng a stream and for ground- hip a land overlying a rxcv “42/242. 3 24/2 The term"land yo nos formation. ownership right" is more expressive of this doctorine which is based on location. A prior appropriation right is based on appro- priation and use of water belonging to the public, with earlier rights having perference over later ones. This doctorine, which is the operative one in the U.S. Virgin Islands, is based on time. The basic concept of prior appropriation is that the landowner has no inherent rights to use water from sources on, contiguous to, or underlying his land, but that rights to these sources are based on priority in time of beneficial use and may be lost after the use ceases. Thus, an appropriator is one who uses water that had been regarded as common property or had been used by others. In essence, the doctrine states that a per- son who is first in time to beneficially use water is the first in right, so that during shortages the later appropriators must cease their use in reverse order of priority. No rights are acquired for non-beneficial use of water. V.I. WATER RESOURCES POLICY: Government policy on water in the US Virgin Islands is set forth by the Water Resources Conservation Act of 1965, Title 12, Chapter 5, Sec. 51 (V.I.C. as amended): "It is hereby declared to be the public policy of the Gov- ernment of the Virgin Islands, in recognition of its sovereign duty to conserve and control its water resources for the benefit of the inhabitants of the Virgin Islands, that com- prehensive planning and regulation be under- taken for the protection, conservation and development of the water resources of the Virgin Islands to the end that they shall not be wasted and shall be used to the fullest extent to meet the present and future needs requirements that all water.containers _. (cisterns, etc.) and wells be cleaned at least once in every five-year period. Title 30 V.I.C., Sec. 66. — yeh Department of Agriculture The Commissioner is responsible for the protection of the soil and trees along: water courses (guts). Any person wishing to cut or cause injury to any tree or vege- tation within 30 feet of the center of any natural watercourse, or within 25 feet of the edge of such watercourse @hichever is greater) must obtain a per- mit from the Commissioner of Agriculture. A natural watercourse is defined as any stream with a reasonably defined chamel, and includes streams which have a per- manent flow, as well as those which result from the accumulation of water after rain- falls. The Commissioner may secure the assistance of the Department of Public Safety in enforcing the law. Title 12 V.1I.C., Sec. 121-125 The Department also has the authority through the V.I. Conservation District Board to cooperate with private landowners and the U.S. Department of Agriculture (Soil Conservation Service) for the plan- ning, design, and construction of dams and reservoirs for purposes of flood protec- tion and enhancement of water supplies. Title 7 V.I.C., Sec 46 & 47 V.I. Planning Office Act 2774 in 1970 added a new chapter to Title 3 of the Virgin Islands Code and established the V.I. Planning Office. It authorized the Planning Office to under- take the preparation of comprehensive plans and development programs. The Act clearly established the role of the Plan- ning Office as that of suggesting and promoting public policies, policies that fairly reflect the goals of Virgin Is- landers on the one hand the potentials of the environment on the other. The responsibility for comprehensive land use and water resources management plan- ning is included in the Planning Office authorization to perform long-range func- tional development planning. Title 3 V.I.C., Sec. 28 (£) By directive of the Governor, the Director of the Planning Office is responsible for organizing a Water Production and Distribu- tion Inter-Agency Task Force which will address various issues, problems, and poli- cies relative to the critical water situation in the U.S. Virgin Islands. (Governor's letter dated February 14, 1978) Department of Conservation and Cultural Affairs (DCCA) The primary responsibility of DCCA concern- ing water resources is the administration and enforcement of all laws relating to water resources management and pollution control. Of particular importance is the responsibil- ity for monitoring and enforcing the safe drinking water standards for public water systems. Public water systems are defined as piped water for human consumption which have at least fifteen (15) service connec- tions or that regularly serve at least twenty-five (25) individuals. Title 19 V.I.C., Sec. 1301-1311 In addition, the Commissioner is mandated to promulgate an adequate plan for the pro- vision of safe drinking water under emer- gency circumstances and take those actions that he may deem necessary during such an emergency in order to provide water where it otherwise would not be available. Title 19 V.I.C., Sec. 1306 The Department has the responsibility to plan, design, and construct wastewater treatment facilities in cooperation with the U.S. Environmental Protection Agency under the Federal Water Pollution Control Act (PL 92-500) and Section 208 Planning. 12 V.1I.C., Sec. 181-198 Title The Department is responsible for the review and approval of permit applications from public agencies for Earth Change Permits, and for monitoring the permits to insure the protection of the soil and water resources of the Virgin Islands. Title 12 V.I.C., Chapter 13 By directive of the Governor, the Commissioner is authorized to set-up the mechanisms for a water conservation program for the Virgin Islands with emphasis on the needs of St. Thomas. (Governor's letter dated February 27, 1979).