Four bills seek to protect Northern Guam Lens Aquifer

Proposals for protection of drinking water supplies at the Northern Guam Lens Aquifer have been introduced by Sen. Régine Biscoe Lee. 

The aquifer, which supplies 80 percent of Guam’s drinking water, lies under the northern half of the island.

One bill to protect the water supplies calls for the prohibition of septic tanks on lots located in the groundwater protection zone, regardless of whether the lot is part of a parental subdivision.

“Some owners of real property in Guam have used the parental subdivision exception to effectively circumvent the general rule that, depending on the size of one’s lot, one is legally required to connect to the public sewer,” the bill states.

Lee’s bill restricts the use of septic tanks over the aquifer to properties that are half an acre or more.

“Studies have shown that these tanks leak nitrates — a federally regulated contaminant — that poses health risks to vulnerable groups like pregnant women and infants,” Lee said.

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A 2019 study by the University of Guam’s Water and Environmental Research Institute of the Western Pacific found increasing nitrate concentrations in the aquifer over the past two decades.

“Once [the nitrates] get into the aquifer, there’s nothing we can do about it,” said Nathan Habana, Assistant Professor of Groundwater Hydrology at the University of Guam.

In another bill, Sen. Lee proposed the regular inspection of CHamoru Land Trust Commission properties for illegal dumping, which consist of junk vehicles, tires, and white goods.

The bill also proposed a potential annual fee for a tenant, which would be charged by the CHamoru Land Trust Commission.

“This bill leaves it up to the CHamoru Land Trust Commission to decide what, if any, fee would be a good step forward,” said Sen. Lee. She emphasized that the bill includes an administrative adjudication process to hear from the public before fees are implemented. 

The third bill recommends the establishment of a task force to create a groundwater conservation area on select properties that overlay the aquifer, so no production or development may occur.

“We must come together and figure out what use will help our island and what types of development should absolutely be prohibited on these properties,” Lee said.

Phil Leon Guerrero, senior policy adviser to Lee., pointed out the potential to create public parks and conservation research programs.

“We are talking about how many new production wells should be put over our aquifer to make sure we are not over-tapping this resource,” Leon Guerrero said.

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In the last of the four bills, Sen. Lee proposed a requirement to notify available utilities before CHamoru Land Trust Commission leases are approved. 

“Many lessees of residential and agricultural lots have found themselves in the regrettable situation of finally getting their lease with the CHamoru Land Trust Commission, only to discover after the fact that there is no water or power available on site or even close by,” Lee said.

Over the years, tenants entered into long-term agreements without knowing the full cost of power and water infrastructure, Lee said. The full installation, often time consuming and expensive, frustrates residents.

“While no leases will be denied solely because utilities are not established, codifying this consumer protection ensures all of the 99-year-long agreements will only be executed after fully informing lessees about this financial cost,” Lee said.

“A strong future requires a protected aquifer," Sen. Lee said. "Once it is lost, it cannot be replaced.

This article originally appeared on Pacific Daily News: Four bills seek to protect Northern Guam Lens Aquifer