November 12, 2014
www.gfb.org
Vol. 32 No. 45
DEADLINE APPROACHES FOR COMMENTS ON PROPOSED WATER RULE Individuals have until Nov. 14 to submit comments on the proposed rule, “Definitions: Waters of the United States” from the EPA and the U.S. Army Corps of Engineers. The rule, if put into place, would greatly expand the EPA’s jurisdiction over private property, by defining all waters as “waters of the United States,” rather than limiting the federal government’s regulatory jurisdiction to navigable waters. This would make it more cumbersome and costly for landowners to make changes to their land. “It’s a major issue for farmers, but it’s also a major issue for every private property owner,” said Georgia Farm Bureau President Zippy Duvall. “We need to let the EPA know that this rule is going to affect us adversely in many ways here in Georgia. Agriculture is going to be affected by it. Economic development is going to be affected by it. County and state governments are going to be affected by it.” The proposed rule, which was introduced on April 21, would impose compliance with Natural Resource Conservation Service rules on all landowners, not just farmers participating in NRCS programs. This rule will lead to more requirements for Clean Water Act permits and could make it more difficult if a farmer wanted to build a fence through a wet area, for example. Such a fence could be subject to federal construction standards, like using certain kinds of building materials and a certain kind of design. Local and state governments are likely to bear extra permitting burdens and construction costs for drainage features when building or improving roads. Ultimately the rule will result in higher costs for consumers and taxpayers, as well as increased risk of legal action against farmers over ordinary farm activities like weed control or fertilizer applications. Georgia Farm Bureau is seeking to have the proposed rule withdrawn, maintaining that it is an attempt to negate the word “navigable” in the Clean Water Act, circumventing the will of Congress and two previous Supreme Court rulings. GFB has a web page, http://www.gfb.org/ditchtherule/default.html, from which visitors can read more information about the rule or make a comment.