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H 722

An act relating to authorizing municipalities to regulate the surface water use of public waters used as drinking water supplies

2025-2026 Regular Session Introduced by Michael Boutin and 1 co-sponsor

Vermont municipalities that own land around a public drinking water source could regulate nearby surface water use with local ordinances that prevail over conflicting state rules.

Read first time and referred to the Committee on Environment
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Bill Summary · H 722

Overview

  • Bill: H.722
  • Session: Vermont 2025-2026
  • Introduced by: Rep. Boutin (Barre City) and Rep. Waszazak (Barre City)
  • Committee: Environment
  • Status: Read first time; referred to the Committee on Environment (as of 1/20/2026)
  • Effective date: Upon passage

Purpose and Intent

  • The bill authorizes municipalities to adopt ordinances regulating the surface water use of a public water that is used as a drinking water source.
  • Targeted waters: public waters used for drinking water that are not transboundary lakes or ponds.
  • Purpose stated: to promote public health, safety, welfare, and convenience by giving municipalities a local regulatory tool over surface water use related to public drinking water.

Key Provisions

  • New municipal authority (enumerated power): 24 V.S.A. § 2291 is amended to add a new subdivision (31) granting towns, cities, or incorporated villages the power to regulate the surface water use of a public water used as a public water source.
  • Geographic/ownership scope:
    • Applies when the public water is used by the municipality’s public water system.
    • Applies only if the municipality owns all land adjoining the public water.
  • Relationship to state rules:
    • Municipal ordinances adopted under this authority are in addition to rules adopted by the Secretary of Natural Resources under 10 V.S.A. § 1424.
    • In case of a conflict between a municipal ordinance under this section and a state rule, the municipal ordinance prevails.
  • Definitions alignment:
    • "Public water" means the same as in 10 V.S.A. § 1422, with the exception that, for this subdivision, transboundary lakes or ponds are excluded.
    • "Public water source" and "public water system" have the same meanings as in 10 V.S.A. § 1671.

Who Is Affected

  • Municipalities: towns, cities, and incorporated villages that own all land adjoining a public water used as a drinking water source (and that use the water for their own public water system) would have authority to regulate surface water use.
  • Public water systems: subject to local ordinances regulating surface water use, in addition to state rules.
  • General public: potential impact through changes in surface water management around drinking water supplies (water users and nearby landowners may be affected by new local restrictions or management requirements).

Procedural and Timeline Considerations

  • Legislative action: Status shows introduction and referral to the House Committee on Environment with no further action listed yet.
  • Effective date: The act would take effect upon passage (no separate transition period specified in the text provided).
  • Supersession: Municipal ordinances would control over conflicting state rules, streamlining local regulatory priority in applicable areas.

Notable Implications

  • Local control enhancement: Empowers municipalities to tailor surface water use regulations for drinking water sources within their borders, potentially addressing local concerns about water quality, drawdown, land use, and watershed protection.
  • Regulatory harmony: Maintains state rules as a baseline, but places municipal ordinances on top in conflicts, which could create situations where local standards differ from state-level expectations.
  • Excluded waters: Transboundary lakes or ponds are not subject to this municipal authority under the bill’s framework.

Summary

H.722 would authorize Vermont municipalities that own land around a public drinking water source to regulate how surface water around that source is used, supplementing existing state regulatory frameworks and with municipal ordinances taking precedence in conflicts. The bill explicitly excludes transboundary waters and ties the new power to the municipality’s ownership of adjoining land, aligning definitions with existing water statutes. The current status is introduction and referral to the Environment Committee; if enacted, it would take effect upon passage.

Compiled from official sources — confirm details with the bill’s official record.

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