Agreements better protect Tennessee’s Duck River from increased water withdrawals

NASHVILLE, Tenn. — The Southern Environmental Law Center, representing the Tennessee Wildlife Federation, recently reached a settlement with the Tennessee Department of Environment and Conservation that strengthens water withdrawal permits issued to Bedford County Utility District and Duck River Utility Commission, two local water utilities in the Duck River watershed. The agreements come shortly after a similar settlement that added protective measures to a permit for Columbia Power and Water Systems.

The agreements are a step toward ensuring the Duck River, which is the one of the most biodiverse rivers in the world and the backbone of Middle Tennessee’s outdoor recreation economy, is better protected from the region’s rapid development. The settlements limit the amount of water the utilities can leak into the ground unused and require the utilities to follow an updated drought management plan. Additionally, state officials are committing to working with federal leaders to study the Duck River’s flow and the impact of the added withdrawals.

“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,” SELC Tennessee Office Director George Nolan said. “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.”

The settlements come after eight local water utilities applied to increase the amount of water they pull from the Duck River. In all, the proposals sought to increase daily water consumption by 22 million gallons, allowing for a total of 73 million gallons of water to be pumped from the river each day. The massive increase in water withdrawals threatens the health of the Duck River and led to the waterway being named one of America’s ‘most endangered’ rivers. SELC represented TWF in appealing the three state-issued water withdrawal permits. Those appeals pushed for stronger permit terms around water conservation, drought management, and water loss prevention.

“With help from SELC, and by working with TDEC, the revised permits for the Duck are an improvement over the original. We greatly appreciate Governor Lee’s leadership through Executive Order 108 and believe now is the time to act on its directives,” Mike Butler, CEO of Tennessee Wildlife Federation, said. “Over the coming years, we have a critical opportunity to implement planning and protections that will secure the Duck’s health and future. 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.”

In November, Tennessee Governor Bill Lee signed an executive order that aims to protect the Duck River by, among other things, establishing the Duck River Watershed Planning Partnership. That newly formed body will develop water management recommendations, identify drought management opportunities, and engage with local communities and stakeholders.