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New Clean Water Rule gives farmers clear guidelines

Missouri’s farmers and ranchers may soon have clear rules about how to protect our waterways. On Dec. 11, the Environmental Protection Agency (EPA) proposed a new Clean Water Rule that would fix many of the problems creat­ed by the Obama administration’s 2015 Waters of the United States (WOTUS) Rule.

Missouri farmers had many complaints with the WOTUS rule. One of the strongest was that the rule was so broad and vague that almost any land could fall under it. A 2015 Mis­souri Farm Bureau analysis found that more than 99 percent of Missouri lands could fall under the Obama rule’s jurisdic­tion. With such ambiguous guidelines, landowners could do everything possible to follow the law but still not know if they were committing a violation.

The EPA describes the new rule as “clear and easy to un­derstand.” They claim it will be easier for a property owner to “understand whether a project on his or her property will require a federal permit or not, without spending tens of thousands of dollars on engineering and legal professionals.”

The new rule respects the role of states in protecting the nation’s water resources, according to the EPA. Missouri has a strong and active Department of Natural Resources that en­forces Missouri water laws. This local control provides expert oversight to Missouri’s water resources.

The new rule does limit the extent of federal jurisdiction to the actual scope of the law. For example, ground features like ditches and ephemeral streams—streams that only flow when it rains—are far outside the scope of the Clean Water Act. The EPA has no legal authority to regulate them. But the Obama-era rule claimed jurisdiction over many of them anyway.

Regulations can’t write new law; they must be within the constraints of their authorizing statute. The new proposed rule would only regulate waters that are clearly intended to be covered by the statute, and it would do so with a much more common-sense approach.

Once the Clean Water Rule is published in the Federal Register, citizens will have 60 days to submit comments. This new proposal is a very positive step for rural America. Mis­souri’s farm and ranch families will be supporting it, because to protect our resources and keep our water clean, we need clear, common-sense rules.

More from this March Today's Farmer Magazine Issue HERE .

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