Comments on EPA’s Water Rights Needed by July 21st

Nebraska’s public and private water rights are being jeopardized by the federal government, and public comments must be submitted to the Environmental Protection Agency (EPA) by July 21.

On March 25 the EPA, in conjunction with the U.S. Army Corps of Engineers (Corps), issued a proposed rule change that would redefine the definition of “Waters of the United States” under the Clean Water Act (CWA). Arguing that their proposal would “enhance protection for the nation’s public health” and “increase CWA program predictability and consistency”, the EPA intends to expand federal jurisdiction of the nation’s waterways. Under this new definition, the federal government could gain control of our water. This would include wetlands as well.  Essentially, even ditches that collect rain water may be subject to EPA control. Farmland will almost assuredly be affected by this rule change.

For this past year, Senator Lydia Brasch has been in ongoing contact with various national and state leaders, agriculture organizations, and others to address concerns from landowners, including declaration of federally environmentally protected areas and an effort by the EPA to purchase land flooded by the 2011 flood. The proposed rule expands the scope of the CWA beyond its original intent in 1972, when it was passed. Sen. Brasch states, “The proposed definition poses a very serious threat to our individual property rights because all waters, from farm ponds to streams, in Nebraska could be subject to federal control. Farmers, ranchers, and other landowners could see increased federal government regulations over portions of their land.”

Public comments on the issue are due on or before July 21. Submit your comments, identified by Docket ID No. EPA-HQ-OW-2011-0880, at http://www.regulations.gov; by emailing them to ow-docket@epa.gov, including the Docket ID No. in the subject line; or by mailing the original and three copies of your comments to: Water Docket, Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, Attention: Docket ID No. EPA–HQ–OW–2011–0880.

Senator Lydia Brasch