Senator Eli Bebout –
Majority Floor Leader
Representative Tim Stubson – Speaker Pro Tempore
Representative Tim Stubson – Speaker Pro Tempore
Water is the property of the state.
The water of all natural streams, springs, lakes or other collections of still
water, within the boundaries of the state, are hereby declared to be the
property of the state.
-Constitution of the State of Wyoming Article 8 Section 1
-Constitution of the State of Wyoming Article 8 Section 1
Wyoming is a
headwater state and our water is important to the entire nation. We have waters
that feed to the West and to the South, touching both the Gulf of Mexico and
the Pacific Ocean. Water is also incredibly important to our way of life. We
place a high value on water not just for personal sustenance, but for our
agriculture, ranching, and industrial industries.
State
sovereignty is the backbone of the United States of America. The current
administration’s attitude of “Washington knows best” has pervaded their
policies again and again and permeated their treatment of states. They have
reduced mineral royalty payments to states, mandated changes to wildlife
management strategies, and now they are seeking to broaden the scope of the
Clean Water Act by redefining “waters of the United States.”
Water has
always been a resource within state control. The Wyoming State Constitution
highlights the need for states to control their own water to ensure the
interests of all involved are equally guarded. With the passage of the Clean
Water Act in 1972 water within the state’s borders, not considered “navigable”,
was left to state management. The purpose of the act was to protect the quality
of interstate waters. It is now morphing into another tool for the federal
government to impose new regulatory burdens across the landscape.
The “waters
of the United States” is a proposed rule to expand the federal regulatory and permitting
power of the EPA by redefining which waterways they can control under the Clean
Water Act. The states were not consulted or asked for input when building this
rule. The EPA used public comments from a previous proposal to help outline
this initiative but did not complete any further due diligence.
This rule
has the potential to affect tributaries, riparians, flood plains, small streams
and even dry stream beds. It would create over-burdensome regulation and
permitting on stormwater management systems and industrial ponds. This rule
would place the burden of compliance on land owners, whose ditches and creeks currently
fall outside federal jurisdiction, making them prove that they are in
accordance with federal standards.
States
should have been consulted early and often for such an expansive rule change to
the Clean Water Act. This is a prime example of federal overreach, it is an
overreach through rules and regulations. The EPA could not get this proposed
rule passed through Congress so instead of relying on the democratic process, they
are looking to change the definition of waterways and, therefore, giving
themselves unlimited control over Wyoming water.
We applaud
Governor Mead for taking the initiative and developing a water strategy.
Outlining initiatives for water management, development, conservation, and
restoration shows our commitment to Wyoming water and the blueprint of how we
intend to continue managing it. As the Legislature, we have appropriated $9
million for constructing and upgrading water development projects. Water is an
area where we have, and will continue, to jealously guard Wyoming’s interest.
Wyoming is
fighting regulatory overreach by managing our waters effectively, working with
the Governor to ensure that his proposed water strategy continues to move
Wyoming water forward, and pushing back against the federal government to
ensure we can manage Wyoming water with Wyoming solutions. Multiple agencies
within the state and the region, including the Governor’s office, have sent
comment letters to the EPA calling for the withdrawal of this rule.
Wyoming
constantly clashes with the federal government for the ability to solve Wyoming
problems with Wyoming solutions. States have the right to regulate the water
within their boundaries and we will continue to fight for Wyoming water, Wyoming’s
life blood.
Senator Bebout and Representative
Stubson are co-chairs of the Select Federal Natural Resource Management
Committee.
