The scenic Duck River gained more protections in settlement agreements between the Tennessee Wildlife Federation, the Southern Environmental Law Center, state regulators and water utilities. (Photo: John Partipilo)
Tennessee regulators will strengthen permit requirements for utilities that withdraw water from the Duck River, according to settlement agreements announced Tuesday.
Conservation groups have been pushing for protections for the river — which hosts the largest variety of living organisms of any freshwater river in North America — for years.
The Duck River provides water to an estimated 250,000 Tennesseans. Eight utilities sought to increase their daily water withdrawal from the river to a combined 73 million gallons per day as the Middle Tennessee region grows. The Southern Environmental Law Center (SELC) and other conservation groups warned this withdrawal increase and extreme drought conditions put the health of the river and its inhabitants at risk.
The Tennessee Wildlife Federation, represented by SELC, appealed three permits issued by the Tennessee Department of Environment and Conservation (TDEC). New settlements with the department and each of the utilities set goals limiting the amount of water allowed to leak from utility systems and require the utilities to follow an updated drought management plan approved by the department.
The state will also work with the U.S. Army Corps of Engineers to research the river’s flow using the Corps’ analysis software. Data collected from this research will inform updates to the Duck River Regional Drought Management Plan, according to the settlements.
The settlements apply to permits granted to the Bedford County Utility District, the Duck River Utility Commission and Columbia Power and Water Systems.
“Throughout this process, we’ve heard from farmers, anglers, and local business owners who cherish the Duck River and recognize that the river deserves our stewardship and protection,” said George Nolan, the SELC Tennessee office director, in a news release. “This settlement gets us closer to ensuring that this one-of-a-kind natural treasure can be used and enjoyed for generations to come, and we will continue to work with stakeholders and state leaders to protect this iconic river.”
TDEC will update the drought plan alongside the Duck River Development Agency, which is responsible for drought management on the river. Their work will include evaluating flow levels to trigger voluntary and mandatory conservation measures, enforcement, and aquatic life protection, among other things.
TDEC also agreed to publish daily withdrawal data from each utility every month.
Each utility will also develop a plan to promote water conservation.
Utility permit changes are still subject to public notice and comment procedures before implementation.
The settlements follow Gov. Bill Lee’s November executive order protecting the Duck River. The order created a 19-member Duck River Watershed Planning Partnership to identify ways to manage drought, reduce water loss, preserve habitats, and engage with the communities and industries that use the river.
Officials expect the Lee administration to bring budget requests to the Tennessee General Assembly this session to fund the creation of a statewide water conservation plan.
The U.S. Department of Agriculture also awarded $20 million to the Duck River Watershed Society in October to support stream restoration in the Duck River.
“Over the coming years, we have a critical opportunity to implement planning and protections that will secure the Duck’s health and future,”said Mike Butler, CEO of Tennessee Wildlife Federation, in the news release. “We must act now to avoid a larger crisis when these permits are up for renewal. Collaboration among all stakeholders is key to conserving this national treasure.”
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