Two views | Clean Water Act rules have strong basis

The Environmental Protection Agency recently finalized a rule to clarify Clean Water Act protections for seasonally flowing streams and wetlands across the country. This rule is legally justified, has strong scientific basis, and has received significant support from the vast majority of citizens.

Historically, the Clean Water Act covered many of these waters, but over the past 15 years, two Supreme Court decisions and a Bush administration policy created much confusion about protections for certain waters.

EPA received requests for several years from businesses, industry, agriculture, state government, environmental groups, and other federal agencies to develop a rule that would reduce the confusion. In 2011, EPA even issued guidance, but they were subsequently asked to propose a rule instead.

Why is this rule important?

Peer-reviewed scientific literature unequivocally demonstrates that seasonally flowing streams, tributaries, and many wetlands have a physical, chemical, and biological connection to and influence upon downstream waters.

As a whole, seasonally flowing streams form the foundation of drinking water for one in three Americans. Protecting these waters from pollution and destruction is one of the most efficient means of ensuring safe drinking water.

Wetlands provide free services to society and the environment, such as flood reduction, filtering of polluted water, and acting as hotspots for wildlife and biological diversity. Highly underappreciated, wetlands are essential elements of many landscapes in this country.

EPA worked on this rule for several years, and used more than 1,200 peer-reviewed scientific publications as a foundation. EPA sought peer review and public comments in multiple phases of the process. Over 1 million comments were submitted on the rule, 87 percent of which favored it.

EPA is not overreaching, not regulating puddles, or the rain that falls on a rooftop, and are certainly not extending regulation over dry land. The rule will not expand regulation of ditches, and will not cover groundwater, tile drains, or any new types of waters that were not previously protected. In fact, farmers, ranchers, and forestry operations will continue to have the same exemptions from the law that they have had for years.

EPA made efforts to appease the concerns of various constituents. Although industry and environmentalists alike still have relevant concerns, clean water is surely a worthwhile goal.

In Kentucky, clean water is the backbone for our way of life. From the founding of many towns and cities along waterways, to our bourbon industry, our hunting and fishing opportunities, and our various agricultural sectors, you could argue Kentucky is water.

Many recognize access to clean water as a moral issue and basic human right for health and success that is becoming increasingly important due to climate change. This rule helps ensure better protections for the long-term sustenance of clean water in Kentucky and nationwide.

Tim Joice is the Water Policy Director for Kentucky Waterways Alliance.