Awash with Regulation

Statement

There are nearly 24,000 miles of rivers and streams in Nebraska, among the highest in our country. We pride ourselves on maintaining clean water not just for drinking, but also to support our state's businesses, manufacturing sector, agricultural industry, cities, and counties. In Nebraska, the state owns the water, both surface and groundwater, and all water users understand the importance of careful use and management of that precious resource.

Unfortunately, the federal government is seeking to expand its land use authority, which will also increase its control over our water supply. The fallout will end up costing farmers, ranchers, families, businesses, and local governments time and money to comply. Back in March, the Environmental Protection Agency (EPA) released a proposed rule under the Clean Water Act (CWA) to expand water pollution regulation nationwide. This proposal alters the CWA, changing the word "navigable" to the more ambiguous and broader term, "waters of the U.S."

EPA says the rule is intended to "clear up confusion" and make permit evaluations "more effective and efficient." In reality, the rule potentially expands categories of water under EPA jurisdiction from navigable water -- rivers, streams, and lakes -- to ponds, ditches, and even geographical features that rarely, if ever, contain water. This proposal comes at the cost of states' rights and Nebraskans' ability to manage their own land, amounting to de facto land use authority over the property of families, neighborhoods, communities, and the state of Nebraska.

This misguided federal overreach disregards private property rights, preempts management by state and local authorities, and increases permits and paperwork -- all while failing to improve protections for our nation's water resources.

I know many Nebraskans, myself included, are deeply concerned with this proposed rule's impact. For those in agriculture, this intrusive regulation fosters uncertainty, particularly for farmers who rely on planning and timing to grow crops. Agricultural producers should not have to seek out permits or expensive environmental surveys to simply till land by a small stream or move cattle across a wet pasture.

Studies regarding the science and economic impact of this proposal are flawed and, at best, incomplete. At the time of the rule's proposal, supporting scientific documents were not prepared, let alone peer-reviewed for accuracy.

And despite several Supreme Court rulings on the issue and Congress's consistent refusal to grant greater regulatory authority, the EPA and U.S. Army Corps of Engineers refuse to accept limitations to their regulatory power.

Nebraskans already go to great lengths to protect and preserve our water resources. EPA's water rule represents a clear disconnect with small family businesses, farmers, and ranchers. Like many Nebraskans, I am tired of the federal government's heavy-handed overreach.

Since early last year, I have been a vocal opponent of EPA's attempt to expand federal regulation of water. When I had the opportunity to question EPA Administrator Gina McCarthy during an Environment and Public Works Committee hearing, I reminded her that water is a state resource in Nebraska, which we manage in a very responsible way. Additionally, I supported a bipartisan amendment to the Water Resources Reform and Development Act that would put a stop to this rule, which unfortunately was blocked by Senate Democrats.

I have also sent a number of letters to EPA Administrator Gina McCarthy and President Obama to voice serious concerns with their latest proposal and to request additional time for the public to weigh in. In response to our efforts, the EPA has agreed to extend their open comment period through October 20, 2014.

While I will continue to pressure the administration to abandon this misguided regulatory move, I encourage all Nebraskans affected by this issue to contact the EPA. This proposal could jeopardize local management efforts and increase permitting costs, so it is that critical we make our voices heard.

Thank you for participating in the democratic process. I look forward to visiting with you again next week.

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