Water, land use conflict and regulatory reform: A case study

As the urbanization of rural America continues there are inevitable consequences. Land that was farmed is converted to non agricultural uses such as housing, commerce and industrial development. The remaining agricultural land is often intensely farmed in close proximity to family homes where ground water is the source of potable water. In New York State there are regulations that permit the controlled application of digested animal waste as an effective way of recycling nutrients and minimizing the over application of chemical fertilizers. In this case study drinking water was alleged to have become contaminated with animal waste resulting from an accepted practice regulated by the New York State Department of Environmental Conservation. A detailed 6 month inter-jurisdictional agency investigation, involving three departments of NYS government and a local rural health department was conducted in 2008 . Analysis of water samples, interpretation of cross-jurisdictional regulations and protection under agricultural law were scrutinized. The end result was the extension of public water, increased multi-jurisdictional collaboration and the modification of agricultural practice regulation designed to minimize the future impact on public health. The details of this case are provocative and reflect the importance of water as a catalyst for regulatory reform.