Committee advances bill barring extraction of water for commercial sale outside West Virginia; amendments to be drafted

The committee considered and advanced an originating bill that amends county and municipal zoning law to bar the owner of a tract or contiguous tracts of land from extracting water for commercial sale or shipment outside West Virginia and to prohibit counties or municipalities from enacting restrictions that would contravene riparian or other water rights.

Committee counsel said the measure is aimed at preventing large-scale commercial extraction projects that would ship water outside the state. Senators raised questions about whether the language would affect municipalities or existing operations that bottle and sell water, whether hauling water between a landowner's contiguous parcels would be allowed, and about the definition and scope of "jurisdiction" referenced in explanatory notes. Counsel clarified the bill does not prevent noncommercial transfers (for example hauling water between farms) and that the bill targets commercial sale or shipment outside the state. Several senators noted existing bottling operations or municipal sales and asked whether those uses would be grandfathered; counsel said existing uses typically would be addressed in connection with those specific projects and that established operations commonly are grandfathered.

One senator signaled an amendment would be offered to exempt or clarify treatment for growth counties or other categories; the chair said the committee would recess to allow staff time to draft amendments and resume shortly after the linked finance/judiciary session. The committee voted to report the originating bill to the full Senate with a recommendation that it pass. The transcript records voice votes with the chair declaring the ayes to have it.