ISSUES POLICY
Stop the EPA Land Grab
By Pete Bonds, president, Texas and Southwestern Cattle Raisers Association
T
HE ENVIRONMENTAL PROTECTION AGENCY (EPA) IS A broken record that won’t turn off. EPA administrators are again proposing to
redefi ne which waters will come under federal jurisdic- tion through a new defi nition of “waters of the United States” under the Clean Water Act. What they really want to do is expand their author-
ity so wide that virtually any body of water could fall under their jurisdiction. And by any, I mean ditches, ponds and puddles. They don’t want to go through Congress. They’ve
tried that twice and failed. They’d rather circumvent lawmakers and do this through a rulemaking process — also known as shoving it down our throats. On March 25, 2014, the EPA released their newest
proposed rule of what qualifi es as “waters of the United States.” Their defi nition is vague and broad. One can only conclude that every wet spot in the country would fall under their jurisdiction. This is not good for landowners. If adopted, every tributary will be a classifi ed as
a “water of the United States.” For the fi rst time, the defi nition of tributary will include ditches, ponds and streams that hold water only when it rains. If there is a wet spot in a fl ood plain, it will be un-
der federal jurisdiction. This includes ditches, ponds, man-made conveyances, streams that hold water only when it rains, wet areas on pastures or any other wet area in a fl ood plain.
78 The Cattleman July 2014 Waters that are geographically isolated from other
waters “could” come under federal jurisdiction. Basi- cally, the government will control anything wet, clear down to the water dripping off my cowboy hat. If you’re confused about what may be regulated on
your property, you should be. You’ll likely need permits for some wet areas and not others and the determining authority will be a regulator. These permits can cost around $30,000 and take a year to get. This process could prevent pesticide applications,
pasture maintenance, construction projects and many other activities that happen on ranches every day. There are some exclusions that directly affect the
cattle industry. These include exclusions for artifi cial ponds used exclusively for stock watering; ditches that are excavated wholly in uplands, drain only uplands and have less than perennial fl ow; and ditches that do not contribute fl ow, either directly or through another water, to a traditional navigable water, interstate water, the territorial seas or an impoundment of a jurisdic- tional water. Confused yet? Me, too. The way I understand it is basically every wet spot
on your property will need to be analyzed to see if it meets all the criteria for one of these exclusions. And if you mess up? You’ll likely be sued by someone. Anyone from your
neighbor to an environmentalist who doesn’t like what you are doing has the authority to sue you. That’s how the law reads in its current form and these vague defi - nitions make that even more of a possibility. It’s a bad situation, but we can work to stop it. Tell
the EPA why this rule is bad for the Texas cattle in- dustry and for anyone who owns private property. It must be stopped. Read page 58 for instructions on submitting com-
ments on this proposed regulation. Tell your colleagues and representatives about the devastating impacts this regulation would have on agriculture. Demand that it be stopped.
thecattlemanmagazine.com
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