WASHINGTON, DC – U.S. Senator Pat Roberts (R-Kan.) today joined Senators John Barrasso (R-Wyo), John Hoeven (R-ND) and John Thune (R-SD) on the Senate floor in a colloquy to oppose the Environmental Protection Agency’s (EPA) proposed expansion of rules regulating ditches, dry creek beds, farm ponds and other water on private lands. The Senators called for a vote on The Protecting Water and Property Rights Act of 2014.
The following are Senator Roberts’ remarks as prepared for delivery:
“I rise today to join my colleagues in discussing yet another job stifling and unjustified regulation proposed by this administration.
“The Environmental Protection Agency, the Army Corps of Engineers, and the Department of Agriculture have proposed a rule that after careful review and study…I believe would allow the EPA to further expand its control of private property under the guise of the Clean Water Act.
“The EPA claims that the proposed Waters of the United States rule ‘simply clarifies their scope of jurisdiction.’
“Here’s the catch, the ‘clarification’ is from categorically classifying so called ‘other waters’ as regulated even if the water cannot be navigated and was previously outside of their authority.
“This proposal is another prime example of why many Kansans feel that their way of life is under attack by the federal government’s over reach and over regulation.
“To date, the Kansas associations of: Grain and Feed, Agribusiness Retailers, Ethanol Producers, Soybeans, Wheat Growers, Pork Producers, Livestock, Watersheds, Golf Course Superintendents, and the Kansas Cooperative Council have all opposed the rule.
“These organizations and their members fear that the EPA will use this rule to further regulate farmers and ranchers, as well as other normal land uses, such as building homes.
“If finalized, this rule could have the EPA requiring a permit for ordinary field work, construction of a fence or even planting crops near certain waters.
“Kansans are justifiably worried that the permits would be time consuming, costly, and that the EPA could ultimately deny the permits, even for longstanding and normal practices.
“My friend and Kansas farmer, Jim Sipes, from Manter explains his view: ‘The only thing that is clear and certain is that, under this rule, it will be more difficult to farm and ranch, or make changes to the land – even if those changes would benefit the environment.’
“For the folks back home, the issue of the EPA trying to control more water, whether or not it is actually ‘navigable’ is not new.
“We have been down a similar road before with the agency wanting to regulate all of the water in the country, even small farm ponds that no self-respecting duck would ever land.
“Just like before, the public and many of us in Congress are working hard to stop the latest version from going forward.
“After already personally calling on the EPA and Army Corps to withdraw the proposed rule, I want to make sure that the expansion of regulatory jurisdiction over ‘Waters of the United States’ is shelved for good.
“Last week, I joined Senator Barrasso and the majority of our caucus in introducing straightforward legislation that prohibits the Administrator of the EPA and the Secretary of the Army from finalizing the rule or trying a similar regulation in the future.
“We will continue working here in the Senate, as well as the House, to either convince the administration to back off of this proposal or if necessary to block the agencies from going forward.
“We have stopped this type of foolishness before and I expect that we will be successful again.
“Thank you to all of my colleagues here today for working to stop this counterproductive rule.”
Last week, Senator Roberts joined U.S. Senators John Barrasso (R-WY), David Vitter (R-LA), Mike Enzi (R-WY), Roy Blunt (R-MS), Mike Johanns (R-NE), Ted Cruz (R-TX) and 23 other Senators in introducing legislation to stop the Environmental Protection Agency (EPA) from taking over all private and state water in the United States. The Protecting Water and Property Rights Act of 2014 prevents the EPA and the Army Corps of Engineers (Corps) from finalizing their March 2014 proposed rule which would significantly expand federal authority under the Clean Water Act (CWA).
Senator Roberts is a senior member of the Senate Committee on Agriculture, Nutrition and Forestry.