SENATE CONCURRENT RESOLUTION NO. 47
(By Senators Love, Bailey, Weeks, Oliverio, Caldwell, McKenzie,
Rowe, Harrison, Guills, Smith, Deem, Boley, Sprouse, Minear,
Edgell, Facemyer, Dempsey, Ross, Prezioso, Chafin, McCabe, Unger,
White, Bowman, Helmick, Plymale, Hunter, Minard, Tomblin, Mr.
President, and Jenkins)
Requesting the Joint Committee on Government and Finance conduct an
interim study of all governmental agencies involved in
resolving the problem of widespread flooding of streams in
West Virginia.
Whereas, Heavy rainfalls in West Virginia have caused
widespread flooding with consequent property damage and human
tragedy; and
Whereas, It is the duty of the Legislature, insofar as
possible, to relieve the pain and anguish of citizens who live
under the threat of flooding; and
Whereas, The streams of West Virginia are regularly reduced in
capacity by natural processes such as stream bank sloughing and the
accumulation of natural woody debris, as well as refuse dumping;
and
Whereas, Those streams whose channels have been reduced in
capacity are primary contributors to the frequency, extent and
severity of flooding; and
Whereas, Many citizens who live near or adjacent to these
streams live in fear of floodwaters inundating their homes; and
Whereas, During every heavy rain, elderly, frail and isolated
West Virginians fear that clogged streams will leave them
vulnerable to property damage which could be prevented; and
Whereas, Scientific hydrologic studies have established that
the combination of extraordinary rainfall on saturated soil,
combined with a reduction in stream channel capacity, determines
the extent and magnitude of flooding in suburban and rural
landscapes and that activities related to farming, timber
harvesting and mining have little or no such impact; and
Whereas, Individuals and businesses are no longer permitted to
clean and clear impediments from natural watercourses; and
Whereas, Several regulatory agencies with separate statutory
regulations are aware of the problems that exist with cleaning
clogged streams that cause flooding; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct an interim study of all governmental agencies
involved in resolving the problem of widespread flooding of streams
in West Virginia; and, be it
Further Resolved, That every agency, including the United
States Army Corps of Engineers, whose primary mission is the
prevention of flooding should be included in the study; and, be it
Further Resolved, That the study should be structured as a
forum to hear testimony from everyone involved in order to
establish a combination of regulatory agency authority and
responsibility to ease the ability of citizens to clear clogged
streams that cause flooding; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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