Panel approves bill giving DEP sole authority over alterations to conservation-district dams, adds funding protection amendment
March 28, 2025 | 2025 Legislature WV, West Virginia
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A Senate committee reviewed and approved original language for originating bill number 1 that would make any alteration, improvement or agreement related to a dam owned or sponsored by a local conservation district subject solely to the authority of the West Virginia Department of Environmental Protection (DEP).
Judith Lyons, director of the West Virginia Conservation Agency, testified that her agency maintains 170 flood-control structures the agency sponsors and that the agency performs engineering, planning, design and routine maintenance for those dams under the regulatory authority of DEP. “We maintain 170 dams across the state, and they are classified as high hazard dams,” Lyons said, adding that rehabilitation funding comes from federal NRCS programs with a state match provided through the legislature. She told the committee the conservation agency administers funds through local conservation districts but that the funding comes directly to the agency.
Committee members asked whether the bill would practically change existing operations. Lyons said the conservation agency currently does the engineering and planning work and that, under the bill as she understood it, the agency would “continue on doing what we do right now under the regulatory authority.” Counsel said the bill clarifies that DEP would have the ultimate decision-making authority while coordination with the conservation agency would continue.
Senator from Logan offered and the committee adopted an amendment that inserted a sentence stating: “The provisions of this subsection may not be construed to affect or alter any state or federal funding to the West Virginia Conservation Agency.” Lyons told the committee she supports the amendment because federal funding and the state match process are unchanged.
The committee agreed to the originating bill as amended by voice vote and later voted to report the committee substitute (originating bill number 1 as amended) to the full Senate with a recommendation that it do pass.
Votes at a glance: The committee adopted the Logan amendment clarifying funding protections (voice vote; tally not specified), agreed to the bill as amended, and voted to report the bill to the full Senate with a recommendation that it pass.
Judith Lyons, director of the West Virginia Conservation Agency, testified that her agency maintains 170 flood-control structures the agency sponsors and that the agency performs engineering, planning, design and routine maintenance for those dams under the regulatory authority of DEP. “We maintain 170 dams across the state, and they are classified as high hazard dams,” Lyons said, adding that rehabilitation funding comes from federal NRCS programs with a state match provided through the legislature. She told the committee the conservation agency administers funds through local conservation districts but that the funding comes directly to the agency.
Committee members asked whether the bill would practically change existing operations. Lyons said the conservation agency currently does the engineering and planning work and that, under the bill as she understood it, the agency would “continue on doing what we do right now under the regulatory authority.” Counsel said the bill clarifies that DEP would have the ultimate decision-making authority while coordination with the conservation agency would continue.
Senator from Logan offered and the committee adopted an amendment that inserted a sentence stating: “The provisions of this subsection may not be construed to affect or alter any state or federal funding to the West Virginia Conservation Agency.” Lyons told the committee she supports the amendment because federal funding and the state match process are unchanged.
The committee agreed to the originating bill as amended by voice vote and later voted to report the committee substitute (originating bill number 1 as amended) to the full Senate with a recommendation that it do pass.
Votes at a glance: The committee adopted the Logan amendment clarifying funding protections (voice vote; tally not specified), agreed to the bill as amended, and voted to report the bill to the full Senate with a recommendation that it pass.
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