A significant portion of Charleston’s drinking water may be at risk from development based on new research released this week on the impact of a 2023 judicial interpretation of the federal Clean Water Act, environmental advocates say.
The bulk of Charleston’s drinking water comes from so-called “ephemeral streams” that flow into the Edisto River and the Bushy Park Reservoir, which is primarily fed by the Back and Cooper rivers. These streams run dry for parts of the year, generally only flowing after rain, according to the S.C. Wildlife Federation (SCWF).
“To the untrained observer, you might think, ‘Oh, that’s nothing,’ ” said Andrew Wunderley, executive director of Charleston Waterkeeper. “But that dry channel serves a huge purpose when it rains and floods. And that’s not even to mention the unique habitat they provide for wildlife and vegetation.”
The U.S. Supreme Court ruled in 2023 that streams can only be protected under the federal Clean Water Act if they are “relatively permanent,” which effectively excludes ephemeral streams that provide nearly half of Charleston’s drinking water.
“Clean drinking water starts at the source,” SCWF Executive Director Sara Green said in a press release. “For decades, the Clean Water Act helped protect the streams that provide our drinking water. Now we need to look at what we can do on the state and local level to keep these streams clean and healthy.”
The answer appears simple, but putting action in place has historically been difficult, environmental stewards say.
“It always seems silly to me,” Wunderley said. “The most conservative thing to do is preserve these systems. They’re vitally important and serve multiple roles. It’s a crucial piece of natural infrastructure that operates 24/7 and requires no maintenance. All we have to do is not destroy them.”
Local laws can help
Currently, there are no state laws on the books protecting ephemeral waterways, according to Wunderley. Several local governments have passed ordinances to protect their own water sources. Beaufort passed an ordinance and Georgetown is working on its regulation — but Charleston hasn’t joined the party yet.
“You see all these local communities stepping up to fill the void, and it’s really inspiring,” Wunderley said. “If you just look at the Tri-county area, there’s more than 20 different jurisdictions. It would be great if every one of these passed some sort of protections in place of federal action.”
Before the 2023 decision, the Clean Water Act required people to get a permit to develop lands that are home to ephemeral streams. And the permit mandated that people minimize any impacts that couldn’t be outright avoided. There could be no net loss of wetlands.
“That policy structure was instrumental in protecting a lot of different wetland systems,” Wunderley said. “It wasn’t perfect, but it was a workable system that provided certainty for the conservation community and developers that everybody understood and worked with.
“With those protections gone, it’s kind of the Wild West right now.”
Smaller regulations still in place
While federal regulations may have been relaxed, individual water systems still have their own standards to meet. Charleston Water Service Director of Communications Mike Saia said the utility has no plans to change the way it does things now.
“We’re not going to relax any of our standards,” he told the Charleston City Paper. “Just because these streams may be at risk, it does not immediately mean our drinking water is at risk. We monitor our sourcewater all the time. We conduct 20,000 tests each year. Any sort of fluctuation in quality is going to be immediately responded to by our plant staff.”
Saia explained the water system pulls water from both sources simultaneously — the Edisto River and Bushy Park Reservoir. The water gets blended and treated in Hanahan before being sent to residents across the service area. But if contaminants are found in the river, for example, it’s a simple pull of the lever to cut off that source and depend entirely on the reservoir.
“Our sourcewater management team is in constant communication with state agencies and committees that monitor water quality and other utilities statewide,” Saia said. “If there were to be an even upstate, that takes significant time to travel downstream. We would be able to react the right way at the right time to eliminate any cause for concern.”
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