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West Virginia Water Resources Protection Amendment (2014)

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The West Virginia Water Resources Protection Amendment was not on the November 4, 2014 ballot in West Virginia as a legislatively referred constitutional amendment. The measure would have designated state waters as “valuable natural resources” for citizen’s use and benefit and as consistent with preserving riparian rights.[1][2]

The measure's assigned name was Claiming West Virginia’s Water Resources for the Use and Benefit of its Citizens Amendment.[1]

The proposed amendment was sponsored in the West Virginia Legislature by Senate Majority Leader John Unger (D-16) as Senate Joint Resolution 12.[3]

Text of measure

Ballot summary

The ballot purpose summary would have read as follows:[1]

“ The purpose of this amendment is to protect and preserve West Virginia’s water resources for present and future use and enjoyment while preserving property owners riparian rights.[4] ”

Constitutional changes

The proposed amendment would have added a Section 9 to Article II of the Constitution of West Virginia:[1]

§9. Waters of the state.
The waters of the State of West Virginia are hereby claimed as valuable public natural resources held by the state for the use and benefit of its citizens, consistent with and preserving riparian rights.

Background

Sen. Unger (D-16) cited coal-related chemical spills as necessitating the water resources protection amendment.[5]

On January 9, 2014, Freedom Industries, a firm producing chemicals for mining, reported a spill on the Elk River in Charleston, West Virginia. The chemical spill included MCHM and PPH, which can cause skin, eye and digestive irritation and respiratory problems. A water contamination occurred that directly affected 300,000 people. Gov. Earl Ray Tomblin (D) declared a state of emergency. The spill caused businesses and schools to close and grocery stores reported running out of bottled water.[6] There was a conflict between certain doctors and scientists, on one hand, and public officials, on the other, about the water’s safety for drinking as of late January 2014.[7]

On February 11, 2013, a “significant” amount of coal slurry, which is a mixture of coal dust, rocks and chemicals, including MCHM, spilled into Fields Creek, a tributary of the Kanawha River. Patriot Coal, a coal mining company, was deemed responsible for the spill.[8]

Support

The measure was sponsored by Senate Majority Leader John Unger (D-16).[3]

Supporters

Arguments

  • Sen. John Unger (D-16) said, "Ten years ago the Legislature passed the State Water Resources Protection and Management Act that legally made the waters of West Virginia the people’s property. This Joint Resolution I’m introducing today will allow West Virginians to amend the state constitution to ensure that West Virginia’s water resources will remain forever owned by the people of this great state, and that no future Legislatures can arbitrarily change the law."[2]

Path to the ballot

See also: Amending the West Virginia Constitution

According to the West Virginia Constitution, a two-thirds vote in both chambers of the West Virginia Legislature was required to refer an amendment to the ballot. On February 26, 2014, SJR 12 was approved in the West Virginia Senate. On March 9, 2014, SJR 12 was defeated in the West Virginia House of Representatives in a 43 in favor to 54 against vote.[3] Therefore, SJR 12 did not appear on the ballot.

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 West Virginia Legislature, "SJR 12 Text," accessed February 21, 2014
  2. ↑ 2.0 2.1 Spirit of Jefferson and Farmer's Advocate, "Unger introduces amendment making water public good," February 12, 2014
  3. ↑ 3.0 3.1 3.2 West Virginia Legislature, "Senate Joint Resolution 12," accessed February 21, 2014
  4. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  5. ↑ The Register-Herald, "Unger wants amendment to lay claim to state’s water," February 14, 2014 (dead link)
  6. ↑ New York Times, "Chemical Spill Fouls Water in West Virginia," January 9, 2014
  7. ↑ Charleston Daily Mail, "Tomblin won't say tap water is 'absolutely' safe," January 20, 2014
  8. ↑ Los Angeles Times, "More gunk spills in West Virginia, turning creek black," February 11, 2014
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