Here is a city ordinance to give legal standing to a watershed to enforce its rights to exist, regenerate, and flourish. Feel free to use it or amend it in order to run an initiative in your municipality. It is based on Washington law, but could be amended to your state.
An ORDINANCE to recognize rights for the [NAME] Watershed
WHEREAS, the health and vitality of the [NAME] Watershed benefits the [CITY] community, economy, environment, government, and future generations by providing good water quality, supporting habitat and wildlife biodiversity, increasing resilience to environmental challenges, reducing costs associated with water treatment, and enhancing the quality of life of [CITY]n Citizens; and,
WHEREAS, current legal frameworks may not adequately protect the Watershed’s ability to exist and flourish; and
WHEREAS, granting legal standing to the [NAME] Watershed would allow for the Watershed’s rights to be represented and enforced in court; and
WHEREAS, local residents and entities who rely on the Watershed’s health should have the ability to advocate for its protection.
We the undersigned Citizens of [CITY] acknowledge that the protection and conservation of our watershed is vital for sustaining both human communities and natural ecosystems;
Therefore THE CITY OF [CITY] DOES ORDAIN:
- Rights of the [NAME] Watershed. The [NAME] Watershed possesses the rights to exist, regenerate, and flourish, which shall include the right to naturally recharge, the right to naturally flow, the right to water quality necessary to provide habitat for native plants and animals, the right to provide clean water, and the right to restoration. The [NAME] Watershed shall also have the right to be free from activities or projects which violate those rights.
- Prohibitions. It shall be unlawful for any person to violate any of the rights recognized by this Ordinance.
- Implementation and Enforcement.
(1) Enforcement by the [NAME] Watershed. The [NAME] Watershed may enforce or defend the rights recognized by this Ordinance through an action brought by any person with legal standing in the City of [CITY] in the name of the [NAME] Watershed as the real party in interest, in any court of competent jurisdiction.
(2) Damages and Fees. Any person that violates any rights recognized by this Ordinance shall be liable for any damages caused to the [NAME] Watershed as a result of that violation. Damages shall be measured by the cost of fully restoring the [NAME] Watershed to its natural state before the violation, and shall be paid to the City of [CITY] to be used exclusively for the full and complete restoration of the [NAME] Watershed as affected by the violation. A prevailing plaintiff, in an enforcement action, shall be entitled to recover all costs of litigation, including, without limitation, expert and attorney’s fees.
(3) Duties and Obligations. The rights of the [NAME] Watershed secured within this Ordinance shall not be interpreted to confer liabilities, duties, obligations, or responsibilities on the [NAME] Watershed.
(4) Enforcement Actions and Burden of Proof. Where probable violations of the rights protected in this Ordinance are shown to exist, lack of full scientific certainty shall not be used as a reason for denying or postponing enforcement or defense of these rights.
- Authority. This Ordinance is adopted under the authority of the Municipal Code of the City of [CITY], pursuant to the authority provided to code cities in the Revised Code of Washington, and by the inherent right of the people of the City of [CITY] to make laws which recognize and expand civil and environmental rights at the municipal level, under the authority as recognized by, but not limited to, Article I, Section 1 and Article I, Section 4 of the Washington State Constitution, and the 10th Amendment and 14th Amendment, Section 1 of the United States Constitution.
- Preemption and Severability.
(1) Preemption. This ordinance shall not be applicable to areas of law that have been validly preempted by state or federal law.
(2) Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any person, entity, or circumstance, be declared unconstitutional or otherwise invalid or unenforceable for any reason, or should any portion of this Ordinance be validly preempted by state or federal law or regulations, such decision or preemption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons, entities, or circumstances.
- Definitions.
(1) “[NAME] Watershed” as used within this Ordinance, shall include [NAME River or other body] and the watersheds of the [NAME] and [NAME] River within the boundaries of the City of [CITY] in the State of Washington; and shall include, but not be limited to, the[LOCAL CREEKS AND BODIES OF WATER ], and any other wetlands, tributaries and contributors to the [NAME] Watershed.
(2) “Clean Water” means water that is free from any non-natural presence of substances, contaminants, noise, or pollutants in quantities that may pose actual or potential harm to human health or welfare, animals, fish, plant life, or water quality, or that may unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
(3) “Exist” as used within this Ordinance, shall mean that the [NAME] Watershed has the capacity to naturally perform basic functions historically common to the [NAME] Watershed.
(4) “Flourish” as used within this Ordinance, shall mean that the [NAME] Watershed has the capacity to naturally prosper by vigorously growing and developing, which, in turn, allows it to robustly perform its basic functions.
(5) “Person” as used within this Ordinance, shall mean an individual, partnership, association, public or private corporation, city or other municipality, county, state, or federal agency.
(6) “Regenerate” as used within this Ordinance, shall mean that the [NAME] Watershed has the capacity to regain its historically basic functions following a natural or manmade interference with those functions.