News Feature | September 25, 2014

Did The EPA Craft Secret Maps For Water Takeover?

Sara Jerome

By Sara Jerome,
@sarmje

A House Republican claims the EPA secretly drew detailed maps to support its alleged quest for greater control over U.S. waterways. The EPA says the claim doesn't hold water. 

"Rep. Lamar Smith, R-Texas, chairman of the House Science, Space, and Technology Committee, released those maps [in August], while firing off a letter to EPA Administrator Gina McCarthy voicing concerns over why they were created in the first place," Fox News reported.

The EPA proposed in April to clarify the definition of "waters of the U.S." in the Clean Water Act. The EPA argues that the rule is necessary because Supreme Court decisions make it unclear what the agency may regulate under the Clean Water Act. The comment period in this proceeding is open until October 20. Republicans and the agriculture lobby have raised concerns about the proposal. 

In his letter, Smith emphasized what he sees as the EPA's grab for inordinate control over U.S. waterways. 

"The maps show the EPA's plan: to control a huge amount of private property across the country. Given the astonishing picture they paint, I understand the EPA's desire to minimize the importance of these maps. But the EPA's posturing cannot explain away the alarming content of these documents. It's time to give Americans a chance to make up their own minds about the EPA's intentions," Smith said in in his letter

Smith speculated that the maps were designed to target areas for regulation. "The EPA's job is to regulate. The maps must have been created with this purpose in mind," he said. 

Smith published the maps on his website. "The high-resolution maps of each state depict a dense and veiny web of intertwining waterways. They're color-coded to distinguish everything from canals and ditches to reservoirs to marshes to various types of streams. The maps show permanent streams, but also those that contain water for only part of the year," Fox News reported. 

The EPA denied Smith's claims. 

"While there are maps depicting water resources on both a national and state scale maintained by multiple agencies, I wish to be clear that EPA is not aware of maps prepared by any agency, including the EPA, of waters that are currently jurisdictional under the Clean Water Act or that would be juridictional under the proposed rule," Nancy Stoner, acting assistant EPA administrator, responded in a letter to Smith. 

Various claims about the proposal are unfounded, according to EPA Administrator Gina McCarthy. 

 "We're hearing some concerns that are just ludicrous.… Some say EPA will regulate small, unconnected waters ... including puddles on lawns, driveways, and playgrounds. That's just silly. This proposal is all about protecting waters that science tells us have a significant impact to downstream water quality. No more, no less," she told National Journal

She added, "Some say that our proposal means you need a permit to walk cattle across a stream. That's not true. If cattle cross a wet field or stream, that's a 'normal farming practice.' All normal farming practices are exempt, period. We don't shrink current exemptions—we expand them."

For more on policy and politics, check out Water Online's Regulations & Legislation Solution Center

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