DaytonDailyNews.com

Creating a state constitutional amendment that protects private property owners' use of ground and surface water on their land is the goal of Issue 3, a proposal with an unusual history. Issue 3 — one of the questions voters will face on Election Day — is an off-shoot of the Great Lakes-St. Lawrence River Basin Water Resources Compact, legislation passed by eight Great Lakes states and Congress. Two Canadian provinces, Quebec and Ontario, also signed on. President Bush signed it into law Oct. 3.

It prevents diversion of water from the Great Lakes, a possibility based on climatic projections of increasing water shortages and seemingly insatiable demand from sprawling Sun Belt populations. The lakes contain nearly 20 percent of the world's fresh surface water and 95 percent of North America's fresh surface water.

As written, the compact would, for example, bar constructing a massive fresh water pipeline from Lake Erie or any other lake to the Great Southwest or any city unfortunate enough to have a severe water shortage, like Atlanta. Compact supporters say that if people and industry want the water, they should move here.

Issue 3 was drafted to win the support of Ohio state senators for the compact. The legislators, led by Sen. Tim Grendell, R-Chester Twp., were concerned the compact could be twisted later to justify impinging on private property owners who use ground and surface waters, such as shallow streams and creeks.

"We are saying that property rights should be protected by the constitution and we don't want to leave it in the hands of judges to decide," Grendell said.

The Ohio Environmental Council, which helped draft the issue, said the proposal is fair and balanced.

"State Issue 3 recognizes the right of private property owners to make 'reasonable use' of the groundwater located beneath their property and the non-navigable surface water located on top of or flowing through their property. State Issue 3 equally recognizes the authority of the state and local governments to regulate such waters," the council said.

The issue does not apply to navigable waters, such as Lake Erie or any larger rivers such as the Ohio, Great Miami, Stillwater or Little Miami.

There's already Ohio law that recognizes a right to the reasonable use — but not ownership — of such waters. But Issue 3 would enshrine those rights in the constitution and it would take another statewide vote to drop the constitutional amendment.

Those who aren't keen on Issue 3 have said the state constitution is for fundamental principles and shouldn't be amended for single-issue reasons. There's also the possibility the amendment would at a later date create unintended and harmful consequences.

League of Conservation Voters deputy director Mike Eckhardt recommends a "no" vote. "It's a terrible way to legislate," he said. "If it passes, you'll have no more rights now than you had, except it will be in the constitution. Twenty years from now, if it's re-interpreted by a court, we have no idea what the consequences will be."