EXECUTIVE ORDER NUMBER SIXTY-FOUR

TO:     HEADS OF ALL STATE DEPARTMENTS AND AGENCIES

RE:     CREATION OF THE GOVERNOR’S DROUGHT RESPONSE COMMITTEE

WHEREAS, in recent months, the State of Delaware and surrounding areas have experienced an extended period of historically low rainfall and dry conditions; and

WHEREAS, as a consequence of dry conditions within the State, many streams and water sources haven fallen substantially below their normal levels; and

WHEREAS, the State’s Water Supply Coordinating Council (“WSCC”) was established by 7 Delaware Code Chapter 75A to manage, protect, and ensure the adequacy of a clean water supply throughout Delaware; and

WHEREAS, the Drought Advisory Subcommittee is a subcommittee of the WSCC, also established by 7 Delaware Code Chapter 75A, which among other things, provides technical and scientific counsel to the WSCC regarding drought conditions; and

WHEREAS, prior Executive Orders, including Executive Order No. 5, issued by Governor Castle, Executive Order No. 9, issued by Governor Carper; and Executive Order No. 31, issued by Governor Carper, created an entity called the “Governor’s Drought Advisory Committee,” which has historically counseled the Governor on responding to conditions of drought and the possible imposition of emergency measures in response to drought conditions; and

WHEREAS, the processes for counseling the Governor on developing drought conditions, and for counseling the Governor on possible responses to those conditions, would benefit from increased clarity.

NOW, THEREFORE, I, JOHN CARNEY, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby declare and order as follows:

1. There shall be established a Governor’s Drought Response Committee (the “Committee”), which shall be responsible for advising the Governor regarding drought conditions, and possible responses to those conditions, including the potential imposition of a drought watch, or a drought warning, or should conditions warrant, a drought emergency. This Committee shall serve all functions set forth in this Order, which have historically been performed by the Governor’s Drought Advisory Committee, a Committee established through the prior Executive Orders referenced above.  The staff of the Division of Water at the Department of Natural Resources and Environmental Control shall provide support services to the Committee.

2. The membership of the Governor’s Drought Response Committee shall be:

• Chief of Staff to the Governor, or the Chief of Staff’s designee, who shall serve as Chair of the Committee;
• Secretary, Department of Natural Resources and Environmental Control or the Secretary’s designee;
• Secretary, Department of State or the Secretary’s designee;
• Secretary, Department of Safety and Homeland Security or the Secretary’s designee;
• Secretary, Department of Health and Social Services or the Secretary’s designee;
• Secretary, Department of Agriculture or the Secretary’s designee;
• Director of the Delaware Emergency Management Agency or the Director’s designee;
• State Fire Marshal or their designee; and
• Chair of the Drought Advisory Subcommittee of the WSCC.

3. The Governor may, by letter to the Chair, appoint additional members as required by any future drought conditions.

4. The Drought Advisory Subcommittee of the WSCC, created by 7 Delaware Code Chapter 75A, shall continue to serve as the entity within the State responsible for monitoring drought conditions and making recommendations as to whether a drought watch is warranted.

5. The recommendation to consider a drought watch by the Drought Advisory Subcommittee of the WSCC shall be made through the WSCC to the Secretary of Natural Resources and Environmental Control, who shall thereafter convene the Governor’s Drought Response Committee.

6. Upon issuance of a drought watch, the Governor’s Drought Response Committee shall continue to meet as appropriate and shall function as the Governor’s primary source of advice regarding the ongoing drought. The Committee shall recommend to the Governor, where warranted, a declaration of a drought warning or a declaration of a drought emergency.  The Committee shall also recommend to the Governor, where warranted, ending a drought watch, warning, or emergency.

7. Throughout an ongoing drought, the Committee shall advise the Governor on the possibility of voluntary or mandatory conservation measures, and, where warranted, make recommendations to the Governor on specific conservation, water resource management, funding, or enforcement measures tailored to the ongoing drought, consistent with 20 Del. Code Chapter 31.

8. The Drought Advisory Subcommittee of the WSCC shall continue to monitor drought conditions from a technical and scientific perspective. The Governor’s Drought Response Committee shall consult with the Drought Advisory Subcommittee on such matters, and on matters relating to water supply availability with the WSCC, as appropriate. 

9. Because the Governor’s Drought Response Committee shall perform the role historically performed by the Governor’s Drought Advisory Committee, Executive Order No. 5, issued by Governor Castle, Executive Order No. 9, issued by Governor Carper; and Executive Order No. 31, issued by Governor Carper, all of which addressed the membership and scope of duties of earlier iterations of the Governor’s Drought Advisory Committee, are rescinded and replaced by this Order.

APPROVED this 25th day of November, 2024

Governor

ATTEST:

Secretary of State

PDF of Executive Order

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