Congressional testimony underscores local concerns with ‘Waters of the U.S.’ proposal

Photo by David Hathcox

NACo First Vice President Sallie Clark testifies before a joint Senate and House panel on EPA's "Waters of the U.S." proposal. Clark is a commissioner from El Paso County, Colo. Also pictured is Commissioner Tim Mauck, Clear Creek County, Colo.

NACo First Vice President Sallie Clark voiced serious concerns Feb. 4 at a joint congressional hearing on the federal government's proposal to redefine "Waters of the U.S." Clark, an El Paso County, Colo. commissioner, testified before the House Committee on Transportation and Infrastructure and the Senate Committee on Environment and Public Works.

"NACo supports common-sense environmental protection. Expanded federal oversight and the proposal's vague language would create more uncertainty and delays in critical work without any proven environmental benefit," Clark said.

"Let me be clear, counties support clean water. Our goal is to ensure public safety and economic vitality while safeguarding water quality. The current proposal falls short of this goal."

After working closely with county technical experts county engineers, attorneys, public works directors and storm water managers who implement federal and state programs on the ground every day, NACo this past November called for the proposed rule to be withdrawn until further analysis and more in-depth consultation with state and local officials could be completed.

At the hearing, Clark discussed the main reasons that contributed to NACo's decision, including the proposal's impacts on counties; an inadequate consultation process with state and local governments; ambiguous and inconsistent terminology; and ongoing delays with the current permitting process.

"This issue is so important to counties because we build, own and maintain a significant portion of public safety infrastructure. The proposed rule would have direct and extensive implications," she said.

Local governments own nearly 80 percent of all public road miles and half of the nation's bridges. Counties also own water quality systems and other infrastructure like roadside ditches, storm water systems, "green" infrastructure and drinking water facilities.

The proposed rule introduces new and unclear terms like "tributary," "significant nexus," "adjacency," "riparian areas," "floodplains" and "neighboring." Depending on how these terms are interpreted, additional types of public infrastructure could fall under federal jurisdiction.

"The proposed rule only adds to the confusion and uncertainty over how it would be implemented consistently across all regions," Clark said.

She emphasized the importance of the local, state and federal partnership in crafting practical rules and implementing Clean Water Act programs on the ground.

"Counties are not just stakeholders in this discussion we are key partners in the federal-state-local intergovernmental system," she said.

"This is an opportunity to reset the clock and work together. NACo looks forward to working with Congress and federal agencies to craft a clear, concise, workable definition of 'Waters of the U.S.' to achieve our common goal: to protect water quality without inhibiting the public safety and economic vitality of our communities."

Clark concluded, "In the eyes of county governments, this is not a political issue. It is an issue of practicality and partnership."

Since the proposal was unveiled in April 2014, NACo has advocated for greater clarity and launched an online resource hub and action center.

To read Clark's full testimony on behalf of NACo and for more information, visit www.naco.org/WOTUS.