ISSUES POLICY
Time to Submit Comments on EPA Water Rule
If adopted, the new rule would not be good for the
Texas cattle industry. For the fi rst time, certain ditches would be defi ned as jurisdictional tributaries under Clean Water Act programs. Additionally, conservation activities not complying with the USDA Natural Re- source Conservation Service (NRCS) practice standards would be required to have a 404 dredge-and-fi ll permit. This means you would be subject to additional per-
By Richard Thorpe, Winters, fi rst vice president
C
ONGRESS ESTABLISHED THE CLEAN WATER ACT (CWA) in 1972 to create a basic structure for regulat- ing water quality standards and discharge of
pollutants into “waters of the United States.” Under this act, “waters of the U.S.” are classifi ed as bodies of water that are “navigable.” In other words, the EPA has jurisdiction over a body of water you can sail a steamboat or large ship through. While Congress gave the EPA authority over “navi-
gable” waterways, the EPA is again trying to abuse and expand its authority. The agency announced a new rule proposal in March that would redefi ne “waters of the U.S.” to expand the water and land falling under its jurisdiction. This proposal amounts to the largest land grab in
history. Essentially, it would give the agency control over all bodies of water. This includes ponds, streams, creeks, ditches, puddles, man-made conveyances and wet areas on pastures, etc. Basically, the federal govern- ment would control every drop of water in the country. Furthermore, the EPA doesn’t want to pass this rule
through regular order in Congress. They have already tried this twice and failed. Instead, the agency plans to bypass Congress and force us to comply through a rulemaking process.
tscra.org
mitting requirements for applying pesticides, grazing cattle, conducting construction projects and perform- ing other routine maintenance on your land. These permits can cost around $30,000 and take up to a year to receive. Failure to obtain them would likely result in a penalty. When the EPA drafted this fl awed rule, they didn’t
consult with agricultural industry groups or you as producers. Instead, the agency was too concerned with fi nding ways to expand their jurisdiction, while in turn creating more burdensome regulations for the men and women who work daily to provide food and fi ber for our country. This proposal presents signifi cant challenges for
us, but there is a way we can help stop it. I encourage you, your family, friends and neighbors to comment on the rule in the federal register before the deadline on Monday, Oct. 20. Your participation is important because we must
let the EPA know how detrimental this rule would be to our industry and livelihood. You can submit your comments by visiting our website,
www.tscra.org. Click on the “EPA Land Grab” button in the right column and then follow the directions to submit comments. We need to get at least 10,000 comments by Oct.
20. Anyone is welcome to comment. Also, let your Congressmen and Senators know they
should oppose this rule. It is crucial that we send a clear message to the
EPA that we will not allow this proposal to be imple- mented, and its desire to expand onerous government regulations will not be tolerated. It’s time to get rid of this rule. The future of our industry depends on it.
September 2014 The Cattleman 97
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