On April 2, the “Clean Water Restoration Act of 2009” was introduced to U.S. Senate.

According to its official summary, the act “Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to replace the term "navigable waters" that are subject to such Act with the term "waters of the United States," defined to mean all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting them, are subject to the legislative power of Congress under the Constitution. Declares that nothing in such Act affects the authority of the Secretary of the Army or the Administrator of the Environmental Protection Agency (EPA) under the provisions of the Clean Water Act related to discharges:

(1)composed entirely of return flows from irrigated agriculture;

(2) of stormwater runoff from certain oil, gas, and mining operations composed entirely of flows from precipitation runoff conveyances, which are not contaminated by or in contact with specified materials;

(3) of dredged or fill materials resulting from normal farming, silviculture, and ranching activities, from upland soil and water conservation practices, or from activities with respect to which a state has an approved water quality regulatory program; or

(4) of dredged or fill materials for the maintenance of currently serviceable structures, the construction or maintenance of farm or stock ponds, irrigation ditches and maintenance of drainage ditches, or farm, forest, or temporary roads for moving mining equipment in accordance with best management practices, or the construction of temporary sedimentation basins on construction sites for which discharges do not include placement of fill material into the waters of the United States.”

On June 17 if was referred to the Senate Committee on Environment and Public Works. The bill, S 787, substitutes “navigable waters” with “waters of the United States” will allow the Clean Water Act to protect all surface waters and their tributaries from pollution.

It strengthens the Clean Water Act, so persons, businesses or corporations, who dump pollutants in a year round or seasonal/dry streambed would be responsible for their actions by being regulated under the Act.

If you read the bill as introduced, it specifically exempts 1-4 listed above, namely return flows from irrigated agriculture, stormwater runoff from certain oil, gas and mining operations, dredged materials from normal farming, silviculture and ranching activities, etc.; and many other maintenance activities.

I support exemption one (return flows for irrigated agriculture) as long as those return flows are shown to carry no pesticides, herbicides, insecticides or dormant oils which would further pollute Clear Lake.

I do not support exemption two because it allows oil, gas and mining operations to remain irresponsible for the pollution they produce in their industrial activities.

I support exemptions three and four because they are under an approved Water Quality Regulatory Program; or they incorporate Best Management Practices.

But this legislation has only begun its journey through the U.S. Congress. The language in the bill will change.

I strongly encourage everyone interested in clean drinking water (and a cleaner Clear Lake) who live in the Clear Lake Basin to follow this legislation at www.opencongress.org/bill/111-s787/show .

Anna Rose Ravenwoode lives in Kelseyville.

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Written by: Anna Rose Ravenwoode

Published: 04 September 2009