Water Talks Result In Agreement In Principle

Wed, Dec 17, 2003

Arkansas, Oklahoma Hash Out 'Most Difficult' Issues

By Scott F. Davis The Morning News/NWAonline.net .

FAYETTEVILLE -- Arkansas and Oklahoma officials apparently reached a verbal deal on Tuesday to settle the clash over Oklahoma's controversial phosphorus rule.

Negotiators from both states met for more than three hours with the Environmental Protection Agency in Dallas.

Richard Greene, EPA regional administrator, said both sides seemed to be in agreement "in principle" on the "most difficult" issues as they shook hands before leaving Tuesday's meeting.

"Both parties arrived at the meeting with hopes -- but (also) fears that they may not reach agreement, but left lifted with the possibility that they had worked things out," he said.

Discussion will continue by phone today to complete a document designed to improve water quality in shared streams and avoid a legal battle over Oklahoma's water quality standards, officials said.

A deal could be reached by Thursday that provides protection for Northwest Arkansas cities and the poultry industry for agreed-to measures to reduce phosphorus in streams and rivers, officials said.

The deal involves commitments from the five big cities in Northwest Arkansas -- Fayetteville, Springdale, Rogers, Bentonville and Siloam Springs -- to reduce phosphorus in wastewater-treatment plant discharges to 1 part per million.

It also puts caps on total phosphorus levels that allow for 20 years of growth, officials acknowledged.

All the cities discharge into tributaries of the Illinois River, except for Bentonville, which plans to do so once a new plant is constructed.

Northwest Arkansas poultry and city utility officials have been concerned about the limit since it was first proposed about two years ago. Storm water runoff from farms and wastewater-treatment plant discharges into streams are two key sources of phosphorus.

Arkansas passed three new laws last year restricting the land application of phosphorus-laden poultry litter, require registration of poultry growers and call for other measures to reduce phosphorus that is washed into streams by storm-water runoff.

Phosphorus at high levels promotes excessive algae bloom, which causes water to appear green, threatens aquatic life and can lead to taste and odor problems in downstream reservoirs.

Greene cautioned the deal was not final, because the attorney general's offices and elected officials in both states must approve a final document before a deal is reached.

To avoid a Monday deadline on a lawsuit, EPA plans to approve Oklahoma's standards, which include a phosphorus limit of 0.037 parts per million in Oklahoma's six scenic rivers, including the Illinois River, Greene said.

Ed Brocksmith of Tahlequah, Okla., in October filed a notice of intent to sue EPA for delays in approving the standards. Brocksmith was active during the late 1980s and early 1990s when Oklahoma challenged Fayetteville's plans to discharge half its treated wastewater into a tributary of the Illinois River.

The U.S. Supreme Court ruled in 1992 Fayetteville can discharge treated sewage into the stream but also said upstream states can be required to meet the water-quality standards of a downstream state.

Greene acknowledged Fayetteville Mayor Dan Coody helped revive the talks that appeared to be stalled late Friday, after Arkansas officials said that they would not attend Tuesday's meeting.

"He's been not only a leader among the cites, but also effective in assisting these discussions," Greene said of Coody.

Greene also said the threat of the lawsuit "puts some pressure on" the parties to reach an agreement.

Specifics on the pending deal were not released but include 10-year plans to work together, he said.

"Neither party has lost any right to take whatever action is best for their state," Greene said.

"They have agreed to work together; and, if they aren't able to, they are back where they started," he said. "One of the key factors is that neither state has compromised themselves at all. They have not lost authority or standing."

Marcus Devine, director of the Arkansas Department of Environmental Quality, described the talks as "surprisingly effective."

"We expressed that the standard is inappropriate ... we did not take any option off the table," Devine said.

"We have to review (the document) and make sure the governor, the agricultural and poultry interests, farming community and the cities are satisfied," he said.

Oklahoma officials were upbeat.

"Today's meeting went very well. The agreement is being revised to reflect today's discussions. If drafted the way it was agreed to today, Oklahoma is ready to sign," said Miles Tolbert, Oklahoma's Secretary of the Environment.

"Oklahoma is still committed to reaching an agreement, because it will pave the way to finalizing an agreement with the cities of Northwest Arkansas," Oklahoma Attorney General Drew Edmondson said. "Talks will continue tomorrow (by phone), after both sides review the new document. We expect a final announcement Thursday."