LITTLE ROCK — Arkansas and Oklahoma have agreed to a study that will measure water quality in the Illinois River watershed and set a binding recommendation for maximum phosphorus concentrations there, attorneys general from the two states announced Wednesday.
Leaders in both states said the new agreement will prevent “costly litigation” over limits of the element in the 100-mile stretch of river, which starts in Northwest Arkansas and is designated a protected “scenic river” when it crosses into Oklahoma.
Arkansas has maintained for years that Oklahoma’s phosphorus standard is unattainable.
The phosphorus limits affect Arkansas poultry farmers and cities, which have spent millions to change the way they operate and to reduce runoff and discharge in the river since a 2003 agreement between the states.
“Arkansas has worked diligently to reduce phosphorus concentrations in the Illinois River watershed over the last decade, and we will continue to do so,” Arkansas Attorney General Dustin McDaniel said ina statement. “The results of this study will guide farmers, businesses and municipalities in northwest Arkansas in their future planning, as both Arkansas and Oklahoma remain committed to improving water quality.”
Under the new agreement, finalized after months of negotiations between the attorneys general and environmental agencies, Arkansas will finance a $600,000, three-year study that will be administered by a six-person committee with members appointed equally by the governors of both states.
High levels of phosphorus in streams and rivers contribute to overgrowth of plants such as algae, which can degrade water quality and affect its appearance.
The 2003 agreement, known as a “Statement of Joint Principles,” required Arkansas to upgrade waste water treatment plants and limit discharge into the watershed and included a provision that required Oklahoma to revisit in 2012 its phosphorus limit of 0.037 milligram or less per liter of water in its scenic rivers.
The new agreement could lead to a revision of that standard after a “best science” study, known as a stressor response study, that “will be conducted using EPA-approved testing methods that ensure scientifically reliable data collection and analysis,” a statement from Oklahoma Attorney General Scott Pruitt said.
The joint committee will select a third-party organization with no ties to Arkansas to complete the water-quality monitoring, according to the agreement. That organization will produce two interim reports and a final recommendation, the agreement said.
“We’re glad to see both sides come to an agreement on this matter,” said Matt DeCample, spokesman for Arkansas Gov. Mike Beebe.
Beebe has not determined whom he will appoint to the study committee, DeCample said.
Results of a monitoring report released in September showed that phosphorus levels on the Arkansas side of the river have declined since 2003, when Oklahoma set its limit. Among the findings: Phosphorus in the Illinois River south of Siloam Springs dropped to 0.120 milligram per liter of water in 2011, down from 0.219 milligram per liter in 2003.
If Arkansas cannot meet the standard that results from the new, three-year study, the state will come into compliance by modifying issues such as the discharge permits it grants, said Katherine Benenati, spokesman for the Arkansas Department of Environmental Quality.
Discussions of quality in the watershed have recently centered on a high-profile civil lawsuit over runoff from poultry litter that farmers spread as fertilizer.
A 2009-10 trial in federal court in Tulsa on the poultry litter issue still has not been decided.
In that lawsuit, Oklahoma sued Springdale-based Tyson Foods Inc. and five other Arkansas poultry companies, asking the court to stop the spread of phosphorus-laden poultry litter - a mix of bird manure and absorbent wood chips or rice hulls swept from poultry houses - in the watershed.
Arkansas, Pages 9 on 02/21/2013