Monday, August 17, 2009

The Clean Water Act

Imagine that the puddle which formed in your yard during the last heavy rain could be regulated by federal agencies, like the Army Corps of Engineers. Or if you were a landowner working with federal agencies to restore wetlands or improve fish habitat, and found that the already daunting set of regulatory hurdles had been doubled or tripled. Imagine you are responsible for bringing clean water to a city like Denver, and found that your facilities couldn't be operated under new law. Under proposed legislation "clarifying" the Clean Water Act, these scenarios will be real. The Clean Water Restoration Act (CWRA) is currently before Congress. A key change brings all waters of the U.S under regulation by federal agencies like the Corps. This legislation is sure to further muddle the regulatory landscape. The current Act has kept courtrooms busy, despite recent U.S. Supreme court decisions and guidance from federal agencies. The reality is that an expansion of the Act will restrict the ability of states, municipalities and individuals to adjust to such variables as changing snowpack and runoff due to climate change. The dying forests of the West present another watershed challenge that we must be prepared to address, post haste. We live in a time in which people in the water community need more flexibility, not less...DenverPost

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