Good News for Headwater Protection

Anglers received welcome news as the EPA announced it will be repealing the rollback of Clean Water Act protection for ephemeral streams from the previous administration. States including Colorado had challenged the legality of the rollback, and by returning to the Bush-era rule the EPA will restore protection for the feeder streams whose health drives downstream conditions in larger rivers as well. Read TU’s statement below:

EPA to repeal 2020 rule and move to reinstate Clean Water Act protections for small streams 

Contacts:  

• Chris Wood, president and CEO, Trout Unlimited, chris.wood@tu.org

• Steve Moyer, vice president for government affairs, Trout Unlimited, steve.moyer@tu.org

ARLINGTON, Va.—Trout Unlimited welcomes today’s announcement from the U.S. Environmental Protection Agency that the “Waters of the United States” rule promulgated by the previous administration is illegal and must be redrawn. In moving to repeal and revise the rule, the EPA is listening to the many states, businesses, and conservation groups, like TU, that are working to reinstate federal Clean Water Act protections for the nation’s waters and wetlands. 

Trout Unlimited opposed the 2020 Navigable Waters Protection Rule because it dropped decades-long protections nationwide for “ephemeral” streams, which flow only after rainfall. The 2020 rule made it easier to pollute and degrade these streams, which provide drinking water, flood protection, outdoor recreation opportunities, and fish habitat. 

“These small headwaters constitute more than half the nation’s stream miles, and are the capillaries of the nation’s aquatic systems,” said Chris Wood, president and CEO of Trout Unlimited. “They provide seasonal habitat for fish and wildlife, and protect water quality downstream. The 2020 rule left streams and fisheries across the country unprotected. We applaud EPA Administrator Regan for taking action to safeguard clean water.”  

EPA assessments of more than 1,500 streams in the Southwest determined that they were no longer covered by the Clean Water Act under the 2020 rule. Around the country, some 333 projects that would have required dredge-and-fill permits went ahead without them after the rule took effect.

Regan said the EPA is committed to a meaningful stakeholder engagement process that leads to a more durable “Waters of the U.S.” replacement rule, one that is both scientifically and legally sound, and garners broader stakeholder support. TU will bring to that process deep and longstanding relationships with farmers, ranchers, and foresters, and we will make sure that these partners’ voices are heard and considered by the EPA. 

“We believe that through meaningful stakeholder engagement, the EPA will be able to craft a more durable ‘Waters of the U.S.’ rule that will continue to provide a solid foundation for the Clean Water Act, and maintain protection of our valuable streams and wetlands,” said Steve Moyer, vice president for government affairs at Trout Unlimited. 

With today’s announcement, the agencies will now initiate a repeal of the 2020 rule, after which protections for streams and wetlands would revert to 2008 guidance until a new rule is finalized. That guidance, put in place by the Bush administration EPA, protected most ephemeral streams and many additional wetlands. 

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Trout Unlimited is the nation’s oldest and largest coldwater fisheries conservation organization dedicated to caring for and recovering America’s rivers and streams, so our children can experience the joy of wild and native trout and salmon. Across the country, TU brings to bear local, regional, and national grassroots organizing, durable partnerships, science-backed policy muscle, and legal firepower on behalf of trout and salmon fisheries, healthy waters and vibrant communities.

Clean Water rollbacks will put us back 50 years - what comes next?

Final rule announced; what it says and what comes next.

Final Rule Announced. 

On January 23rd, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced a final “Waters of the U.S. Rule.”  This rule replaces a 2015 Rule, which clarified the extent of jurisdictions for clean water act protections.  This new 2020 rule not only reverses the clarifications made in the 2015 rule, but further reverses protections that have been in place dating back to the 1970s.

What it Means?

We are awaiting publication of the final rule and will need to review in detail once available. 

Based on our reading of the proposed rule (we will update this after we review the final rule), the new rule would end Clean Water Act protections for millions of stream miles in the country – streams that contribute to the drinking water supplies of 117 million Americans and provide essential fish and wildlife habitat that support a robust outdoor recreation economy worth $887 billion.  The rule would also erase protections for millions of acres of wetlands, a critical part of functioning watersheds, including groundwater recharge, pollution filtration, as well as protecting communities from flooding. In eliminating these protections, the new 2020 Rule would deregulate a host of development activities, such as pipeline construction that will, over time, degrade hunting and fishing opportunities in every state in the country

Stay tuned for more.

What comes next? How can TU members engage?

Because this is a “final” rule, there is no additional opportunity for comment with the agencies.  However, there are still things that you can do to help voice your concerns about this rule and related attacks on clean water protections.

Write to Congress & Your Governors:

• Congress: Tell your members of Congress that you are angry about this rule and other attacks on the Clean Water Act and concerned about protecting our nations’ waters.  Urge them to oppose any legislative proposals to further weaken protections and urge them to do everything in their power to protect clean water.

• Governors: Tell your Governors that you are concerned about rollbacks for protections of waters in your state.  Many states will challenge this new rule in court.  Urge your Governors to join a challenge against this rule and do everything in their power to protect state waters.

Share you Stories:  We encourage you to share your stories and concerns through letters to local papers or blog posts on TU.org or other online publications.  The TU Communications team has templates and tools available to assist you. Contact Shauna Stephenson (shauna.stephenson@tu.org) for help drafting or submitting.

Background:

In December 2018, the Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) unveiled a proposal to significantly narrow the scope of protections for our nation’s waters. The proposal would replace a positive, TU-supported 2015 rule (the Clean water Rule) designed to clarify the scope of Clean Water Act protections, which includes protections for headwaters, intermittent and ephemeral streams, and wetlands. The new proposal would substantially weaken the Clean Water Act, one of the Nation’s most effective natural resource laws.

The Clean Water Act and the 2015 Rule are vital to TU’s work and to anglers across the nation. Whether TU is working with farmers to restore small headwater streams in West Virginia, removing acidic pollution caused by abandoned mines in Pennsylvania, or protecting the world-famous salmon-producing, 14,000-jobs-sustaining watershed of Bristol Bay, Alaska, we rely on the Clean Water Act to safeguard our water quality improvements.   

TU members and volunteers contributed more than 4,000 comments for the record, including 25 council and chapter letters and 4,406 individual comments on the proposed rule.

Read TU Comments for the Record:

• Trout Unlimited State Council Letters

• Trout Unlimited Comments (National Office)

• TU State Maps: Waters of the U.S.

Additional Materials:

• 2019-Sportsmen’s Fact Sheet

• 2019-May update to TU Volunteers

• 2019-February update to TU Volunteers

• 2018-December update to TU Volunteers

• Federal Register Publication of Replacement Rule 84 FR 4154 (February 15, 2019). 

• Learn why it’s so important to protect clean water.

For questions, please contact:

Steve Moyer
Vice President of Government Affairs steve.moyer@tu.orgKate Miller
Director of Government Affairs kate.miller@tu.org

Seeing Red: Do fewer protections impact your water?

The Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) are proposing to significantly narrow the scope of protections for our nation’s waters. The proposal would replace a positive, TU-supported 2015 rule (the Clean Water Rule) designed to clarify the scope of Clean Water Act protections, which includes protections for headwaters, intermittent and ephemeral streams, and wetlands. The new proposal (Replacement Rule) would substantially weaken the Clean Water Act, one of the Nation’s most effective natural resource laws.

Whether you fish or just simply understand the value of clean water, there is no law more important than the Clean Water Act. In 2015, the EPA developed a rule that affirmed Clean Water Act protections for “intermittent and ephemeral streams.” In 2018,  the Environmental Protection Agency proposed weakening these protections. These streams —the headwaters of our nation’s rivers —provide us the fisheries we cherish and the clean drinking water we require. -Trout Unlimited

Intermittent streams are those that have a continuous flow but only at certain times of the year, sustained seasonally by springs, ground-water inputs or a surface water source such as rain or melting snow.

Ephemeral streams flow only briefly (hours to days) in direct response to precipitation in the immediate vicinity.

The proposed Replacement Rule would end Clean Water Act protections for millions of stream miles across the country — streams that contribute to the drinking water supplies of 117-million Americans and provide essential fish and wildlife habitat that support a robust outdoor recreation economy worth $887 billion. The proposed rule would also erase protections for millions of acres of wetlands, a critical part of functioning watersheds, including groundwater recharge, pollution filtration, as well as protecting communities from flooding. In eliminating these protections, the Replacement Rule would deregulate a host of development activities, such as pipeline construction that will, over time, degrade hunting and fishing opportunities in every state in the country.

The Clean Water Act and the 2015 Rule are vital to TU’s work and to anglers across the nation. Whether TU is working with farmers to restore small headwater streams in West Virginia, removing acidic pollution caused by abandoned mines in Pennsylvania, or protecting the world-famous salmon-producing, 14,000-jobs-sustaining watershed of Bristol Bay, Alaska, we rely on the Clean Water Act to safeguard our water quality.  

TU members, and sportsmen and women nationwide, want to move forward with progress on cleaning up our nation’s waters, not go backwards. Please join us in writing to tell the Agencies that the Clean Water Act needs to be improved, not weakened. The proposed Replacement Rule should be rejected.    

EPA and the Army Corps of Engineers aim to cut protections for thousands of streams

Proposal leaves important drinking water sources and habitat unprotected from pollution 

For immediate release 

Dec. 11, 2018 

Contact: 
Steve Moyer, steve.moyer@tu.org, (571) 274-0593
Vice President of Government Affairs

Shauna Stephenson, shauna.stephenson@tu.org (307) 757-7861
National Communications Director

(Dec. 11, 2018) WASHINGTON D.C. -- Trout Unlimited announced its strong opposition to the proposed rollback of protections for thousands of miles of streams and many wetlands today by the Army Corps of Engineers and the Environmental Protection Agency. 

The proposal outlines an ill-conceived approach to applying the Clean Water Act by eliminating protection for thousands of stream miles in the country – streams that supply drinking water for millions of Americans. It also erases protections for thousands of acres of wetlands, a critical component to a functioning watersheds. 

 The proposal will deregulate a host of development activities, such as pipeline construction that will, over time, degrade hunting and fishing opportunities in every state in the country. 

“Today’s proposal is so far off track that you cannot see the track from where this proposal landed,” said Chris Wood, president and CEO of Trout Unlimited. “Headwater streams, especially ephemeral streams, are like the capillaries in our bodies – they're small and easy to overlook, but we wouldn’t last long without them. It is a fundamentally flawed proposal.” 

Polls show Americans overwhelmingly support protections for clean water and the Clean Water Act. 

“The Agencies’ proposal turns its back on the importance of small headwater streams to healthy waterways and sportfishing recreation," said Steve Moyer, vice president of government affairs for Trout Unlimited.  “Sportsmen and women know that we all live downstream. All the benefits of our larger streams, rivers, and bays are dependent on the health of our small streams.” 

Using the Clean Water Act to protect headwater streams is especially valuable to Trout Unlimited. At a basic level, 59 percent of rivers and stream miles in the lower 48 states are intermittent or ephemeral (i.e., they are small or headwater streams that do not flow year-round). However, in the drier southwest, that figure is higher. In Arizona, 96 percent of the waters are intermittent or ephemeral streams. EPA Region 8, consisting of Colorado, Utah, Wyoming, Montana and the Dakotas, estimates that only 17 percent of the waters in its states flow year-round.   

Headwater streams contribute to the drinking water supplies of 117 million Americans, protect communities from flooding, and provide essential fish and wildlife habitat that support a robust outdoor recreation economy worth $887 billion.  

“Clean water is not a political issue. It is a basic right of every American,” Wood said. “To be effective, the Clean Water Act must be able to control pollution at its source -- upstream in the headwaters and wetlands that flow downstream through communities to our major lakes, rivers, and bays. We urge the Agencies to reconsider their flawed proposal and remember the very purpose of the Clean Water Act.” 

Frequently asked questions: 

How Did We Get Here?  

When the Clean Water Act was passed in 1972, it protected virtually all of America’s waters--every type of stream, wetland, river, lake or bay. A 2001 Supreme Court decision first questioned if all wetlands and streams should in fact be protected--and the issue has become ever-more politicized since then. 

In 2015, under President Obama, the EPA finalized a rule (the Clean Water Rule) clarifying that the Clean Water Act protects all of our nation’s streams and millions of acres of wetlands. The rule gained strong support from sportsmen, scientists and the public, but it was opposed by a powerful coalition of agriculture and development interests  

What’s happening now? 

Early in 2017, President Trump directed the EPA to first rescind and then replace the Clean Water Rule. The Administration’s efforts to rescind the 2015 Rule have partially blocked, as the 2015 Rule is in effect in 22 states. The new proposal, unveiled today, is an unwarranted effort to replace the 2015 Rule. The new proposal is NOT based in science and is NOT consistent with the goals of the Clean Water Act. The new rollback proposal will undermine long standing protections for wetlands and small streams, it will harm hunting and fishing in America. 

Why should sportsmen care? 

The Clean Water Act and the 2015 Rule are vital to TU’s work and to anglers across the nation. Whether TU is working with farmers to restore small headwater streams in West Virginia, removing acidic pollution caused by abandoned mines in Pennsylvania, or protecting the world-famous salmon-producing, 14,000-jobs-sustaining watershed of Bristol Bay, Alaska, we rely on the Clean Water Act to safeguard our water quality improvements. 

TU members, and sportsmen and women nationwide, want to move forward with progress on cleaning up our nation’s waters, not go backwards. Thus, the Clean Water Act needs to be improved, not weakened—the as was the case in today’s proposal. 

 Trout Unlimited is the nation’s oldest and largest coldwater fisheries conservation organization dedicated to conserving, protecting and restoring North America’s trout and salmon and their watersheds. Follow TU on Facebook and Twitter, Instagram and our blog for all the latest information on trout and salmon conservation.  

Standing Strong: Clean Water for Colorado Rally

Coloradans turned out in force (and in full voice) for a Clean Water for Colorado rally in downtown Denver on Tuesday, August 22.  The event was put together by TU and other conservation groups, as well as local outdoor businesses such as RepYourWater, Confluence Kayaks and Down River Equipment. The rally—right across the street from the regional EPA building—sent a clear, loud message to the EPA and elected officials back in D.C.: Coloradans care about clean water. The rally in Denver was in response to the EPA's proposal to repeal the 2015 Clean Water Rule that clarified that smaller seasonal and headwater streams and wetlands are protected under the original Clean Water Act. While the 2015 Rule has been somewhat controversial in certain water circles, the need to maintain clear, logical protections for our headwater streams and wetlands is straightforward. To protect water quality downstream, you need to start from the source upstream.

The message from this week's rally was not to simply support the 2015 rule, but to remind politicians and EPA administrators that a significant percentage of Colorado's economy relies on healthy river ecosystems. As such, there is a clear line that can be drawn between clean water and economic benefits.

Among the speakers was Corinne Doctor of RepYourWater. Her remarks to the crowd echoed the importance of maintaining healthy streams in order to support the economy on which her business relies.

“The Clean Water Rule is essential. We cannot risk having the EPA roll it back," exclaimed Doctor. "That action would result in leaving the majority of the streams, rivers, lakes and wetlands in the lower 48 without protection. We, in the outdoor, and more specifically fishing industry, know that without clean water, we have no business. The sports and hobbies on which our business depends rely on the water to be clean and hospitable habitat for fish and wildlife. For this multi-billion dollar industry, our economy can’t risk that."

Even beyond the outdoor industry, this action could take away slated protections for 60 percent of all U.S. streams, 20 million acres of wetlands and waters that contribute to the drinking water for 1 in 3 Americans.

“We in Colorado need to be sure our voices are heard," said Doctor. "As a seventh generation native of this great state, I can take the outdoor playground that it provides for granted. But we can’t deny that the booming housing market and incredible job market are due in great part to the outdoor accessibility here."

Another iconic Colorado business - craft brewing - lent their support as well. A coalition of Brewers for Clean Water have spoken out for clean water (including Colorado-based breweries Upslope, Odell, Horse & Dragon, Avery, and New Belgium) - submitting formal comments from "Brewers for Clean Water" to the EPA.  "Beer is mostly water, so the quality of our source water affects our finished product," they said. "Even small chemical disruptions in our water supply can alter the taste of a brew or influence factors like shelf life and foam pattern ... Protecting clean water is central to our long-term business success."

The rally outside EPA was picked up by a number of news agencies this week - including national outlets such as the Public News Service. The large turnout and media coverage shows that Colorado's outdoor industry and local businesses have a strong voice when it comes to environmental issues that affect us at home.

"Be sure to make your voice heard, for today and for future generations," exclaimed Doctor. "We care about clean water!"

To take a stand for clean water, go to TU's Action Center and raise your voice!

New Clean Water Rule

On June 17th, 2015 the Denver Post posted Colorado Trout Unlimited executive director David Nickum's, and Rocky Mountain Farmers Union president Kent Peppler's article that highlighted the new clean water rule from U.S. Army Corps of Engineers and the EPA. The new rule is not an expansion of the Clean Water Act, but rather a "clarification of Clean Water Act jurisdiction," to quote the article directly. The rule allows for the water fish use as their habitat, and Coloradans use for safe drinking water, to be protected. It also ensures the protection of streams and wetlands that are essential to Colorado's outdoor recreation economy. The full article can be found below.

For nearly 15 years, 10,000 miles of streams and thousands of acres of wetlands in Colorado have been at greater risk of being polluted or destroyed due to confusion over what bodies of water are protected under the Clean Water Act. That all changed last week thanks to a new rule from the EPA and U.S. Army Corps of Engineers that restores protections to the vital waters that provide habitat for fish and wildlife and safe drinking water to two out of three Coloradans.

The rule is a clarification of Clean Water Act jurisdiction. It gives Colorado's farmers and ranchers a clear understanding of the rules that protect the water we rely on for the production of healthful food while maintaining all of the existing Clean Water Act exemptions for normal farming activities, and in some cases, strengthening them. The rule also gives Colorado sportsmen certainty that the wetlands and headwater streams that form the backbone of our state's $3 billion outdoor recreation economy will be safeguarded.

Contrary to what opponents have claimed, the rule does not expand the Clean Water Act. The rule does not protect any new types of waters or regulate ditches. It does not apply to groundwater, nor does it create any new permitting requirements for agriculture, or address land use or private property rights.

In crafting the long-overdue final rule, the agencies reviewed comments from more than 1 million Americans. Advocates on all sides had called for the clarification the rule provides, prompting the EPA and Army Corps to hold more than 400 meetings with stakeholders. The final rule is a clear victory not only for farmers, ranchers and sportsmen, but for all Coloradans. Unfortunately, it may not last long.

Before the clean water rule was even finalized, some members of Congress began to engage in last ditch efforts to block the anticipated rule, and restart the multi-year rulemaking process. Now that the rule has been written, these attacks have intensified. Inflammatory rhetoric about an administrative "power grab" are driving attempts to pass legislation in both the House and Senate that would force the agencies to go back to the drawing board and rewrite the rule. Not only would these efforts unnecessarily delay a process that has been well vetted from top to bottom, it would also have serious, damaging impacts on our water supply, our local farmers, sportsmen and our state's economy.

As Congress considers this unnecessary delay, Colorado's senators have a critical role to play. Sen. Michael Bennet has supported these efforts to protect clean water in the past, while Sen. Cory Gardner has been in opposition. We urge them both to do what's in the best interest for their constituents and oppose efforts to derail the clean water rule.

There is a misconception that all farmers oppose the clean water rule. In fact, farmers, ranchers and sportsmen have stood side by side for decades in the fight for clean water, and were present during the many public meetings and listening sessions the agencies held as they were forming the final rule. As we face down 11th-hour efforts to block the rule, we urge support for the clean water rule across the Continental Divide, from headwater trout streams to farm fields, to sustain our Colorado way of life for us and future generations of farmers, hunters and anglers.