Clean Water Act

EPA rolls back water protections for seasonal rivers and streams
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The EPA has repealed a portion of the Clean Water Act that expanded protections for smaller water systems across the U.S. EPA Administrator Andrew Wheeler and Department of the Army Assistant Secretary of the Army for Civil Works R.D. James announced the repeal at an event at the National Association of Manufacturers headquarters in Washington D.C. Monday.
The Obama-era 2015 rule defines “waters of the United States” (WOTUS) to include isolated waterways and wetlands, as well as seasonal streams and rivers that flow only part of the year. The definition was broadly supported by environmental groups as a recognition of the complexity of water systems across the U.S. but drew criticism from industry and land stakeholders for creating uncertainty around which waters are federally regulated and which are not.
Communities in New Mexico and across the western half of the U.S. rely on waterways that flow intermittently after rain or snow to support wildlife habitats and drinking water sources. The 2015 rule extended pollution protections to those types of water systems, which often feed into larger rivers, lakes and other water systems. Ninety-three percent of New Mexico’s waterways are “ephemeral,” meaning they do not flow consistently throughout the year. RELATED: Revised Clean Water Rule leaves out most of NM’s waterways
Wheeler described the 2015 rule as an “egregious power grab” and said its repeal is part of a wider policy shift for regulating water at the agency. “Today’s Step 1 action fulfills a key promise of President Trump and sets the stage for Step 2 – a new WOTUS definition that will provide greater regulatory certainty for farmers, landowners, home builders, and developers nationwide,” Wheeler said in a statement.