By Blake Jackson
The definition of "waters of the United States" (WOTUS) is again under review. The EPA and the Army Corps of Engineers are seeking public input to revise the definition, aligning it with the 2023 Supreme Court decision in Sackett v. EPA. This aims to resolve long-standing issues for landowners.
For decades, the definition of WOTUS has been inconsistent, with numerous agency guidelines and legal challenges creating confusion. This has left uncertainty about which waters fall under federal jurisdiction, specifically concerning common agricultural features like ditches and ponds.
Previous administrations' broad interpretations of WOTUS have led to situations where farmers and ranchers needed permits for routine activities like fertilizer use.
Even accidental discharges could be deemed illegal, with Clean Water Act penalties reaching $50,000 per day, potentially devastating farming operations.
The current system often operates on a "guilty until proven innocent" basis due to these broad interpretations. Missouri farmers advocate for clear jurisdictional lines.
The Missouri Farm Bureau supports the EPA and Army Corps' goal to establish a simplified and lasting WOTUS definition, providing operational certainty for farms without fear of excessive government intervention.
The MOFB proposes defining WOTUS as:
- Traditional interstate navigable waters.
- Relatively permanent, continuously flowing water bodies connected to these navigable waters.
- Wetlands with a continuous surface connection to the waters described above.
Clear definitions of "relatively permanent" and "continuous surface connection" are crucial. Ephemeral and intermittent water features should be excluded, as they don't logically or legally qualify as WOTUS.
Jurisdictional ditches should be narrowly defined, and categories like impoundments or isolated intrastate lakes should be removed unless they meet strict criteria.
Existing exclusions for converted cropland, stormwater features, waste treatment systems, and common agricultural ponds should be strengthened, regardless of whether they are built on dry land.
Missouri farmers seek clarity, not confusion. A stable WOTUS definition is essential to protect water quality, adhere to the law, and allow farmers the flexibility needed to maintain a healthy food supply and conserve land for future generations.
Photo Credit: missouri-farm-bureau
Categories: Missouri, Government & Policy