Water move creates splash

Published 5:00 pm Wednesday, May 4, 2011

President Barack Obamas administration has released a draft guidance document that looks to broaden the Environmental Protection Agency and Army Corps of Engineers regulatory authority under the Clean Water Act.

The guidance document would expand federal regulatory authority to include non-navigable waters and adjacent areas, according to a letter to the EPA Administrator Lisa Jackson from 170 members of Congress. Current authority guidelines within the Clean Water Act limit federal authority to navigable waters.

The letter from Congress expresses concern over what Rep. Greg Walden, R-Ore., calls an effort by the Obama administration to circumvent the proper regulatory rulemaking process and push through a dramatic expansion of federal control over non-navigable areas that previous congresses were not supportive.

State Sen. David Nelson R-Pendleton voiced his concerns about such a change in regulatory authority. 

Im happy that Congress is looking into that issue and expressing their displeasure, he said.

This could be very damaging to our ranching and farming community and our way of life. And, this is coming from an agency that doesnt understand the importance of our natural resource base, Nelson said.

In a press release dated April 28, Walden wrote, I am disappointed that the administration ignored the objections of so many and is pushing through this guidance that will bring new land and features under the scope of the Clean Water Act. Im pro-clean water and very supportive of improving the cleanliness of our water, but am worried that this guidance will dramatically shift the focus of our clean water laws to questionable areas to the detriment of our rural communities and businesses who operate in them. I look forward to congressional committees holding oversight hearings to shine a light on this expansion of federal control and the process by which they are going about it.

Sen. Ron Wydens office responded to questions about the guidance document. 

These are draft guidelines and well be taking a look at them and making comments. Wed urge anybody else who has concerns about these proposed guidelines to make comments about them as well,  said Wyden spokesman Tom Towsley during a phone interview April 29.

Wallowa County Commissioner Susan Roberts weighed in on the guidance document, 

It is a lateral move by the Obama administration around the legislature and it is something that Congress would not pass in the last several legislative sessions. It changes language in the Clean Water Act from navigable waters to waters of the U.S. The guidance document takes Congress out of the picture.

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