Feds encroaching on states' water rights
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December 18, 2013 |
By Senator Mike Crapo
Our water is one of our greatest resources.
Access to clean, abundant water is fundamental
to our economic well-being and critical to
communities, economic development, agriculture,
commerce, transportation, recreation and energy.
Efforts to expand the federal government’s
jurisdiction over our waters threaten to upset
the appropriate involvement of state, federal,
local and private parties in effective water
quality management policies.
That is why I recently joined 29 of my Senate
colleagues in once again opposing efforts to
expand the federal government’s jurisdiction
over our waters.
On April 27, 2011, the U.S. Environmental
Protection Agency (EPA) and the U.S. Army Corps
of Engineers released the “Clean Water
Protection Guidance,” which would broaden
federal jurisdiction over a variety of water
sources, such as some geographically isolated
wetlands, intermittent streams, ditches and mud
flats, among other sources.
The administration indicated it planned to
proceed with drafting related regulations, and
recently, the agencies withdrew the guidance and
advanced an associated draft rule. Concurrently,
the EPA released a draft report that the agency
indicates will provide the basis for its
adjustments to federal jurisdiction over water
resources.
From my time practicing water law, I understand
all too well the impact of an overly-aggressive
interpretation of the Clean Water Act that goes
well beyond congressional intent.
Following up on my ongoing concerns with this
federal overreach, I joined fellow members of
the Senate and Congressional Western Caucuses,
including fellow Idaho congressional delegation
members Senator Jim Risch and Congressman Mike
Simpson, in contacting EPA Administrator Gina
McCarthy to express opposition to the EPA’s
efforts to significantly expand federal
regulatory authority under the Clean Water Act.
We conveyed our ongoing concern with this
potential expansion of federal control over all
wet areas in a state despite congressional
actions countering this encroachment.
Additionally, we maintained that using such
reports to potentially change a law passed by
Congress would further erode the public’s
confidence in our Constitutional system of
checks and balances.
This expansion of federal authority has not been
authorized by Congress.
Legislation known as the “Clean Water
Restoration Act,” which would have achieved
similar results, failed to attain enactment in
the last Congress.
I placed a hold on the bill, signaling my
intention to filibuster if it were to come to
the floor of the Senate, because of the
potential damage this legislation could cause.
We also called attention to the vote during the
debate on the Water Resources Development Act in
which a bipartisan group of 52 senators voted to
reject the administration’s Clean Water Act
jurisdiction guidance, which would have resulted
in effectively unlimited jurisdiction over
intrastate water bodies.
The Obama administration’s efforts to control
more of our water represent a blatant expansion
of government regulatory power over Idaho’s
water sovereignty and private property rights.
I will continue to push back against this
intrusion that could negatively impact farms,
ranches, small businesses and property owners
and hinder economic development. I encourage
Idahoans to take a close look at the report and
continue to share your views.
Such major shifts in control of one of our most
important resources are of significant concern,
and I will continue to work with others in
Congress to urge the administration to end this
economically destructive intrusion. |
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