Clean Water Restoration Act Bill (S.787)

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Issue

On April 2 the Clean Water Restoration Act was introduced by Senator Russ Feingold and 23 co-sponsors to reaffirm the original purpose of the Clean Water Act.  

ON A 12-7 VOTE, THE BILL MOVED OUT OF THE SENATE ENVIRONMENT AND PUBLIC WORKS COMMITTEE on June 18.   Senators Baucus (D-MT), Klobuchar (D-MN) and Boxer (D-CA) amended the Bill in Committee to clarify retention of the  exemptions for agriculture and forestry.

THE BILL HAS MOVED TO THE FULL SENATE. PLEASE ASK YOUR SENATOR TO SUPPORT THE BILL.

The goal is to restore protections that were in the Clean Water Act until 2001. 

The Bill would not regulate any activities that were not previously regulated by the Clean Water Act. The Bill does not affect any existing agricultural exemption for prior converted cropland.   Exemptions in the Clean Water Act such as the following would remain intact in this Bill:   normal farming activities, agricultural return flows, maintenance of drainage ditches, construction and maintenance of irrigation ditches and construction and maintenance of farm or stock ponds.

 On October 4, a Denver Post Editorial appeared, titled Clearing up the Clean Water Act: " 'The Clean Water Restoration Act' in Congress would restore the original act back to its role in protecting our nation's waters."   

On August 7, 2009, a letter was sent to Senator Mark Udall to express the importance of the Clean Water Restoration Act to CWF, Colorado Trout Unlimited, National Wildlife Federation, and Colorado Bowhunters Association.  Below is a  reprint of the letter:

Dear Senator Udall:

We represent more than 54,000 sportsmen and women and wildlife advocates in Colorado and 1,191,000 members nationally.  Our organizations strongly support passage of the Clean Water Restoration Act (CWRA) with the Baucus-Klobuchar-Boxer amendment.  We are providing this information so that you will understand why we are asking for your support of this legislation that is so important to Colorado's wildlife and local economies. 

Although wetlands and riparian corridors comprise less than 2% of Colorado's landscape, they provide benefits to more than 75% of the wildlife species.  They are essential habitat for waterfowl and other migratory birds.  They also provide water and forage for livestock, retention of pollutants, groundwater recharge, floodwater retention, maintenance of stream flows, and nursery  habitat for imperiled native fish.

Over 70% of Colorado's stream miles only have intermittent and/or ephemeral flows.  They provide many of the same functions as wetlands, and they are particularly important regarding protection of water quality downstream.  Watersheds are connected  ecosystems, and impacts to habitat and water quality in headwater streams have major effects on downstream perennial rivers that provide fish habitat and water for humans and livestock. 

Intermittent streams provide critical strips of moisture dependent vegetation (e.g., cottonwoods and willows), cover for reproduction, water sources, and travel corridors for wildlife in our semi-arid  plains.  They often connect otherwise geographically isolated wetlands.  Headwater streams in our mountains support remaining habitat for our three species of native cutthroat trout.  Most of the populations are imperiled by habitat loss and non-native fish, and thus have been petitioned for listing under the Endangered Species Act.  The greenback cutthroat is Colorado's state fish and is listed as threatened.

Protection of our wetlands and streams from dredging, filling and point source pollution greatly benefits the quality of life in Colorado that prides itself on its outdoor wildlife recreation opportunities.  They help diversify and to sustain our local economies.  Hunting and fishing in Colorado is the second leading tourism industry next to skiing.  Hunters, anglers and wildlife watchers contribute over $3 billion annually to Colorado's economy. 

In view of the values that these ecosystems provide, we believe legislation is needed to rectify the damaging effects of the Supreme Court decisions in 2001 and 2006 that excluded, or placed at risk of exclusion, geographically isolated wetlands and lakes, as well as intermittent streams and other tributaries from coverage by the Clean Water Act.  Colorado lost 50% of its wetlands between the 1970's and mid-1980's.  Therefore, we cannot afford further unnecessary losses of these resources that are so important for maintaining our western traditions of hunting and fishing.  All waters are connected, and we cannot protect the integrity of aquatic resources in our watersheds by just protecting a fraction of our wetlands and streams.  It is critical that the Clean Water Act cover all of the important waters of the United States andnjot just the small percentage of waters in Colorado deemed "navigable."   

The Clean Water Restoration Act, as currently amended, restores the scope of the Clean Water Act to the point where it was successfully implemented between 1972 and the 2001 Supreme Court decision.  Therefore, it does not expand historic jurisdiction.  The Act preserves existing exemptions for established, normal farming and forestry activities; agricultural return flows; and construction and maintenance of drainage ditches, farm or stock ponds, and farm roads.  The Restoration Act explicitly excludes prior converted cropland from the definition of "waters of the United States," reaffirms State authority over water allocation, and clarifies ground waters are not "waters of the United States."

In summary, we believe this legislation provides a reasonable balance between conservation of our fish and wildlife resources and the concerns of agricultural interests and property owners, and we ask for your support.  Should you have any questions regarding the legislation, the information enclosed herein, or the sportsmen - conservation organizations that champion Colorado's diverse wildlife and recreational opportunities, please do not hesitate to call on us.  For your convenience, our  contact information is listed below.

[David Nickum, Director, Colorado Trout Unlimited; John Gale, Regional Representative, National Wildlife Federation; Ivan James, Vice-Chairman for Legislation, Colorado Bowhunters Association; Suzanne O'Neill, Executive Director, Colorado Wildlife Federation]

Background

Congress made clear in the Clean Water Act, passed in 1972,  that its intent was to protect surface waters of the United States from pollution and degradation (chemical, physical and biological integrity of the waters).  The Act applied not only to those waters that are navigable.  In 1973 the EPA defined waters of the US to include far more than the 2 percent of waters that are actually navigable.  Since then policies and Supreme Court cases (Rapanos v. US  and SWANNC v. Army Corps of Engineers) have generated confusion and a lack of consensus.

The Clean Water Restoration Act bill reaffirms the purpose of the Clean Water Act. 

According to the EPA,  59 percent of of stream miles  in the US are intermittent or ephemeral and many have lost protection.  These streams provide drinking water, flood control and habitat.  An estimated 20 milliion acres of wetlands have been losing protection under the Clean Water Act. 

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