The American Farm Bureau Federation (ABF) on April 22^nd  asked for changes to the “Waters of the United States” (WOTUS) rule to bring it in line with the Sackett v. EPA Supreme Court ruling, which called for more clarity in water regulations. AFBF submitted comments in response to the Environmental Protection Agency’s request for recommendations.

“Considering drains, ditches, stock ponds, impoundments, irrigation ditches, and low spots in farm fields and pastures as jurisdictional ‘waters’ opens the door to regulation of ordinary farming activities that move dirt or apply products to the land on those lands,” AFBF stated in its comments. “Everyday activities such as plowing, planting, or fence building in or near ephemeral drainages, impoundments, ditches, or low spots could result in enforcement action triggering the (Clean Waters Act’s) harsh civil and criminal penalties unless a permit was obtained first. Bear in mind that permitting under CWA requires the investment of significant amounts of time and money. Most farmers and ranchers have neither of those in abundance.”

Farm Bureau’s recommendations include:

* Creating a definition of the ‘relatively permanent standard,’ which guides agencies in determining whether a body of water falls under federal jurisdiction; 

* Regulating wetlands only when they are indistinguishable from and have a continuous surface connection to WOTUS waterways; and

* Providing clear exemptions and exclusions so farmers and ranchers can use their land without the risk of severe penalties. 

AFBF President Zippy Duvall said, “America’s farmers and ranchers are committed to doing the right thing by protecting the resources they’ve been entrusted with. We need clear regulations to reach those goals, however. The Supreme Court ruled that the previous administration overstepped its authority with WOTUS. We appreciate EPA taking steps to bring WOTUS in line with the Sackett ruling by providing clarity that respects the high court’s decision and farmers’ efforts to preserve the environment as they grow the food and fiber America’s families rely on.”