OpinionApril 21, 2014

Protecting Midwestern streams and wetlands under the Clean Water Act (CWA) helps our communities and is vital to our health, safety and quality of life. Local rivers and streams -- the Mississippi, Castor, Cape La Croix Creek, Sloan Creek, and Juden Creek's network of tributaries and wetlands, such as the Mingo National Wildlife Refuge, Big Oak Tree State Park and Ten Mile Pond, are important to Southeast Missouri's water quality, recreation, wildlife habitat and flood abatement...

Karl Brooks

Protecting Midwestern streams and wetlands under the Clean Water Act (CWA) helps our communities and is vital to our health, safety and quality of life. Local rivers and streams -- the Mississippi, Castor, Cape La Croix Creek, Sloan Creek, and Juden Creek's network of tributaries and wetlands, such as the Mingo National Wildlife Refuge, Big Oak Tree State Park and Ten Mile Pond, are important to Southeast Missouri's water quality, recreation, wildlife habitat and flood abatement.

For the past 15 years, two complex court decisions muddled the law, and we lost a clear understanding of which waters are protected and which aren't. Working jointly with the Army Corps of Engineers, we're releasing a proposed rule that clarifies which waters are protected by the law. Our proposal will smooth out wrinkles in the existing law; it does not add to or expand the scope of waters historically protected under the CWA.

The proposed rule does not change exemptions and exclusions for agriculture. We've worked closely with the agricultural community to avoid surprises. The rule will not protect any new types of waters that haven't historically been covered, and it will not regulate groundwater or tile drainage systems nor increase regulation of ditches, whether they are irrigation or drainage.

EPA has worked arm in arm with the U.S. Department of Agriculture to make sure we're addressing farmers' concerns up front. Farmers and ranchers benefit when healthy wetlands and small streams store floodwaters so crops and pastures are not damaged or destroyed during floods. They also need reliable water sources and available irrigation water to grow the crops that feed our nation.

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From the Mississippi River to Sloan Creek, the American waterscape is a defining part of our national identity. In the Midwest, we are blessed with a vast network of wetlands and streams that support these rivers: from swamps in the Missouri Bootheel to the Cheyenne Bottoms in Kansas; from oxbow lakes in Missouri to Lake of the Ozarks; from small seasonal streams to the Missouri River. Because of this diversity of water resources, previous interpretations of waters of the U.S. resulted in uncertainty. Clarifying CWA protections will add certainty and clarity for farmers, developers and others.

People depend on streams, lakes and rivers for swimming, boating, wildlife and drinking water. According to a 2011 survey by the U.S. Fish and Wildlife Service, 90.1 million Americans, or 38 percent of the U.S. population 16 years and older fished, hunted, or enjoyed wildlife-associated recreation. Hunters, anglers and wildlife recreationists spent $145 billion. Fishing attracted 33 million individuals 16 years and older.

The proposed rule helps clear the way for the CWA to do its job and ensure clean, healthy waters. The proposed rule will be open for public comment for 90 days from publication in the Federal Register. Visit www.epa.gov/uswaters to learn more about our proposal and the CWA.

We're committed to continuing to listen to everyone who has a stake in this. So I urge you to voice your concerns and lend us your advice. That's how we'll get the final rule right.

Karl Brooks is administrator for U.S. EPA Region 7 that includes Iowa, Kansas, Missouri, Nebraska and nine tribal nations. He is a resident of Lawrence, Kan.

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