National Association of Conservation Districts

TMDL Case Study: Wyoming

Wyoming Association of Conservation DistrictsWater Quality Monitoring Program

The Wyoming Association of Conservation Districts (WACD) felt strongly that the determination of impaired waters in the State and elsewhere was not based on "credible data". So they built a water quality monitoring program and trained conservation districts to establish credible data themselves.

The Case for Credible Data

In 1996, a lawsuit was filed by several environmental groups against EPA for Wyoming’s failure to develop Total Maximum Daily Load (TMDL) plans. This was one of 40 legal actions taken in 38 states to force the U.S. Environmental Protection Agency (EPA) to enforce the section of the Clean Water Act that required states to list impaired water segments [section 303(d)] and then to develop plans that established the total maximum daily loads of pollutants that the stream segment could receive and still maintain an acceptable level of water quality.

WACD researched and discovered that insufficient data existed to warrant placement of many of the 360 water segments then on the 303(d) list, which automatically requires TMDLs to be planned and implemented. Subsequently, they intervened in that lawsuit to prevent the 1996 303(d) list from being used as the basis for TMDL development.

The Association had already decided that the best way to satisfy the concerns of conservation districts about the right approach to solving water quality problems was for Wyoming’s 34 districts to conduct the water quality monitoring program themselves. They approached the State Legislature with a proposal and in January 1998, the State approved $367,000 to establish the program, train district personnel, purchase monitoring equipment and pay for lab analysis of samples.

One month later, the Clinton Administration released the Clean Water Action Plan (CWAP), a series of federal initiatives with authority based on the Clean Water Act, (long overdue to be re-authorized by Congress). In June 1998, WACD and 67 other individuals and organizations filed a lawsuit against EPA, USDA and several other federal agencies over the Clean Water Action Plan.

Although "credible data" was the core issue, other aspects of the CWAP caused concerns. It directed states to conduct "unified watershed assessments" which was a progression from a list of impaired waters to a list of impaired watersheds. EPA also stipulated that no state would receive incremental Section 319 funding unless a watershed assessment was conducted. WACD believed that insufficient and inaccurate data existed to conduct such a broad scale categorization. All of these issues were factors in their decision to file suit.

A Similar Approach

Wyoming’s conservation districts believe that when it comes to implementation of a legitimate TMDL plan based on nonpoint sources of pollution, the strategy would involve essentially the same components as a watershed management plan. In effect, the two types of plans would both be based on the same best management practices to control polluted runoff on a watershed basis. WACD preferred to think of the solution to a TMDL as a watershed management plan and believed that it would be more successful in convincing landowners in an impaired area to cooperate if the problem were presented as a watershed management project.

The key lies in the process. The concern was that TMDL plans would not be developed by or with local people; whereas, effective watershed management planning involves local people developing their own watershed restoration goals and strategies. A plan developed with the involvement of local landowners has a greater chance of acceptance and compliance than one developed by "outsiders" presented without local input throughout the planning process.

Towards the end of 1998, the Wyoming Department of Environmental Quality (DEQ) received permission from EPA to re-evaluate the 303(d) list with credible data and add or drop water quality segments as the data would indicate. EPA also acknowledged that the approach to TMDL implementation could be in the form of watershed planning with local involvement from the beginning.

In the 1999 state legislative session, a bill was passed that defined credible data as "…chemical, physical and biological water quality data, collected under a pre-approved sampling and analysis plan including quality control and assurance measures…". The definition also includes consideration of all available historical data. The National Association of Conservation Districts adopted the same definition as policy in 2000.

Establishing the Monitoring Program

The training program is rigorous and comprehensive. Students attend a total of 17 days of training, both in the classroom and in the field. Conservation districts were not provided with monitoring equipment until at least one employee received the training.

The training session involved five components: three days in the classroom and field were devoted to understanding watershed principals; three days of class time were spent developing an overall water quality monitoring plan; two days were involved with learning to use and calibrate the monitoring equipment; one week was spent in the field collecting credible data; and, four days back in the classroom focused on data interpretation and analysis.

After sessions have been presented from 1998 through 2001, district employees representing all 34 conservation districts have received training. Over 60 district employees, and representatives from DEQ, USDA-Natural Resources Conservation Service, Bureau of Land Management, environmental groups and private landowners have completed the course so far. There have even been expressions of interest from other states to enroll in the course.

The original allocation of state funding has been supplemented by local district funding in terms of their cost for personnel, equipment maintenance, lab fees and other expenses. More monitoring equipment has been acquired over the last three years. The initial goal was for each district to collect data on ten monitoring stations each year. In 2001, the active stations total over 200 statewide with a goal of 500 stations by 2003.

"Now when we begin a new project, we can tell the landowners with confidence that they have a problem that must be dealt with because we can confirm the data," said Bobbie Frank, WACD Executive Director. "The landowners have much more of a tendency to cooperate because they know and trust their local conservation district and they build the implementation strategy together."

There are currently fifteen active TMDL/watershed plans across the state with impairments that include sediment, fecal coliform, chloride, phosphate, nitrate, selenium and pH. In each case, the local conservation district plays a major role. For those projects that have completed the planning process, most have received a Section 319 grant to help with information outreach and implementation.

Contact Person:

Bobbie Frank, Executive Director, Wyoming Association of Conservation Districts, 307-632-5716, waocd@trib.com