DENVER – Colorado Attorney General John Suthers is the latest to weigh in on a proposed federal water rule, writing to environmental officials to oppose it.
The state’s chief attorney, a Republican, raised local control and economic issues related to the proposed expansion of regulatory authority over streams and wetlands.
“Contrary to their claims, the EPA and Army Corps of Engineers’ proposed revisions to the definition of ‘Waters of the United States’ poses a significant threat to state sovereignty and an economic threat to businesses and local governments in Colorado,” Suthers said. “I join with the multitudes of other interested parties in asking the federal government to abandon this proposed rule.”
The Environmental Protection Agency has proposed a rule that would clarify regulatory authority over streams and wetlands. Two U.S. Supreme Court decisions have clouded the agency’s regulatory powers, and so environmental officials are seeking to secure their authority.
The joint rule-making with the U.S. Army Corps of Engineers comes as polluters have escaped fines for violations because the EPA has been uncertain that its authority would hold up in court.
But some see the rule as an overreach by the federal government. They worry that the proposal would give federal regulators broad authority over small bodies of water on private property, including puddles, despite EPA assurances that would not be the case.
Suthers worries that an expansion of EPA jurisdiction over waters in Colorado could have economic impacts for farmers, water providers, small businesses and local governments because of the expense of complying with the increased regulation.
He also suggested that the proposed rule infringes on the states’ authority to protect and manage water resources.
“The extension of Clean Water Act jurisdiction to include water with a significant nexus to navigable waters will certainly result in added regulation over actions that have not previously been subjected to regulation,” Suthers wrote to the EPA. “The economic impacts of such a jurisdictional expansion will be very significant for those impacted.
“Under the Clean Water Act, Congress preserves the states’ traditional authority to regulate and manage the development and use of land and water resources,” he said.
Not all farmers, however, agree with the attorney general’s position. Smaller family farmers have been supportive of the proposal, including the Rocky Mountain Farmers Union.
The organization launched a “They Don’t Speak for Me” campaign to demonstrate its support for the recommendation, suggesting that clean water is key to a farmer’s success.
With an abundance of farms and ranches in Southwest Colorado, the issue hits close to home.
“It sounds to me like it’s the same rhetoric as everybody else that opposes the rule,” Bill Midcap, director of external affairs for the Rocky Mountain Farmers Union, said of Suthers’ statement. “We really think this rule is vital for the success of our nation’s farmers, energy development and the health of our communities.”
Midcap disagreed with Suthers’ position on water rights and sovereignty, adding, “the Clean Water Act had nothing to do with water rights. It’s all about the quality of our water.”
But U.S. Rep. Scott Tipton, R-Cortez, said the rule is a direct assault on water rights. He has been at odds with the EPA over the proposed rule for months.
“It is an expansion of the EPA’s regulatory scope without any authority to do so, that disregards state law and privately held water rights,” Tipton said. “This proposed rule could have devastating impacts on water users across Colorado and the nation and restrict their ability to access or put to use their privately held water rights.”
