North Dakota Ag Connection - N.D. Reacts to New Navigable Waters Protection Rule

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N.D. Reacts to New Navigable Waters Protection Rule
North Dakota Ag Connection - 01/24/2020

Gov. Doug Burgum Thursday welcomed the release of the Navigable Waters Protection Rule for providing greater clarity of the Waters of the United States for North Dakota farmers and ranchers, landowners, state agencies and others.

The Environmental Protection Agency and Army Corps of Engineers announced the new rule today after finalizing the repeal of the 2015 WOTUS rule last year. The revised definition of WOTUS clearly identifies four categories of waters federally regulated under the Clean Water Act. It also details waters that aren't subject to federal control, including groundwater, most farm and roadside ditches, and features that only contain water when it rains.

"In stark contrast to the confusing 2015 WOTUS rule, this new definition provides clarity and common sense for landowners and state agencies on what constitutes jurisdictional waters. We believe this rule can work in concert with our state regulations, which already protect both our surface waters and groundwater," Burgum said.

Agriculture Commissioner Doug Goehring applauded the new rules, which defines Waters of the U.S. (WOTUS). The agencies finalized a repeal of the 2015 WOTUS rule last year.

The NWPR includes four simple categories of jurisdictional waters, provides clear exclusions for many water features that have been in question and defines terms in regulatory text that have never been defined before.

"We appreciate that exclusions are clearly defined and will allow farmers and ranchers to visually see what is and is not jurisdictional, without forcing them to hire consultants," Goehring said. "No one loves our land and resources more than we do. We drink the water, produce the food and raise our families on the land, with an eye to the future."

"Unlike the 2015 rule, the Navigable Waters Protection Rule, proposed in 2018, was crafted with better input from stakeholders. States have intimate knowledge of their resources and are much better equipped to understand the specific and unique needs of our people and industries," Goehring said. "We welcome the clarity and predictability that this rule will provide for states and landowners."

For more on the NWPR, go to www.epa.gov/nwpr/navigable-waters-protection-rule-step-two-revise.

The rule also lists which waters are not subject to federal control, like ponds created from rainfall, farm and roadside ditches and farm and stock watering ponds.

The rule should go into effect in March.

Senator John Hoeven said, "The [2015] WOTUS rule was duplicative of state and local efforts, violated private property rights and would've imposed significant costs on a wide range of industries, like agriculture, energy production and construction. We will continue working to ensure the new rule achieves these important goals."

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