EPA’s Astounding Take-Over of State Water Law

Published May 9th, 2016 by Falen Law Offices, L.L.C.

In a stunning display of federal over-reach, on March 1, 2016, the Environmental Protection Agency and the U.S. Geological Service (collectively “EPA”) issued a
“Scientific Investigations Report” arguing that the Clean Water Act (“CWA”) can also be used to regulate the quantity (amount) of water in the Nation’s rivers and streams. According to the federal government’s logic, because stream flows can potentially effect aquatic life and because the Clean Water Act requires the protection of the chemical, physical, and biological integrity of our Nation’s waters, “National Pollution Discharge Elimination System” (“NPDES”) permits or CWA Section 401 certifications should be required when an individual, community or municipality alters the quantity or amount of water available in rivers and streams. In an area that has ALWAYS been
left to the purview of the individual states based upon state Constitutional mandates and since a water right is a private property right, I believe that this amounts to an outright attack on state sovereignty and private property rights.  Continue below:

EPA’s Astounding Take-Over of State Water Law

The comment period on the Draft EPA-USGS Technical Report: Protecting Aquatic Life From Effects of
Hydrologic Alteration, Docket ID No.
EPA-HQ-OW-2015-0335 ends June 17, 2016.

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