Safeguarding Birmingham's Drinking Water

Background

The Cahaba River has more species of fish per mile than any other river in North America. The Black Warrior River and its tributaries contain at least 14 endangered species. Even a small change in habitat could mean extinction for these species, some of which are known only to live in the Black Warrior River basin. Together, these two waterways provide much of the drinking water for Birmingham and the rest of Alabama.

In 1997, the Storm Water Management Authority (SWMA) was the first multi-jurisdictional entity formed under new state legislation that enabled local governments to create their own regional agencies to meet storm water controls required by the federal Clean Water Act. Those controls are aimed at restoring and protecting America's waterways to ensure healthy drinking water for downstream communities and healthy habitat for aquatic species. SWMA, whose management area falls within the Black Warrior and Cahaba river basins, is widely viewed as one of the most effective local stormwater programs in Alabama.

SWMA, however, has come under increasing pressure from developers and numerous industrial interests in the community. The Business Alliance for Responsible Development (BARD) has formed as an organization to represent those who seek less restrictive watershed ordinances for Jefferson County. The group includes such powerful entities as Alabama Power and the Greater Birmingham Association of Homebuilders.

In March 2006, BARD sued SWMA in an attempt to undermine the agency's authority to monitor and protect the area's watersheds, claiming that oversight of water quality in the state's rivers by the Alabama Department of Environmental Management is sufficient.

In fact, ADEM has one of the worst reputations among state water-quality agencies in the country. It has been characterized by Robert Kennedy Jr., Director of the Waterkeeper Alliance, as a "poster child around the country basically because it's become a spokesman for regulated industries." Conservation groups are concerned that ADEM, with its reputation for acting as a rubber stamp for industry, will fail to protect the local waters in the same comprehensive way that SWMA does currently.

If BARD prevails in its lawsuit, SWMA would likely be barred or greatly curtailed in activities like these:

• Controlling construction site erosion and sedimentation
• Controlling post-construction stormwater volume or pollutants
• Controlling stormwater from high-risk and industrial facilities
• Responding to citizen complaints about pollution
• Using biological monitoring to assess effectiveness of watershed protection initiatives

All of these activities are integral to maintaining a safe drinking water supply for the Jefferson County area.

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