EPA comes after Texas once again!

Proposed Increased Regulation of Private Waters Worries Texas Farmers

EPA wants to extend regulatory control to stock tanks, mud holes'

Jim Forsyth

Texas farmers and cattle raisers are worried about a proposal by the U.S. Environmental Protection Agency to extend it’s control of bodies of water to include drainage ditches, backyard ponds, and even mud holes and stock tanks, in the name of enforcing the provisions of the 'Clear Water Act,' 1200 WOAI news reports.

"The proposed guidance does not present sufficient legal or scientific evidence to justify the need for such drastic expansion of CWA jurisdiction," said Joe Parker, Hr., president of the Texas and Southwestern Cattle Raisers Association. "This represents yet another attempt by the federal government to overreach statutory authority and ignore the private property rights of landowners."

The EPA has long complained that chemicals and other items from private stock tanks, ponds, and so called 'intermittent streams' flow into the rivers and lakes which are already regulated by the CWA, and pollute the bodies of water. Without control over the tributaries, the EPA says, the pollution cannot be properly contained.

Parker says his fear is that the new regulations would overburden farmers and ranchers with strict new paperwork requirements. He says farmers would conceivably have to apply for a permit for every stock tank or pond on their land.

"Expensive permitting costs, increased time delays associated with acquiring permits and loss of property value caused by new land use restrictions would impose significant economic burdens on cattle producers and Texas landowners," Parker said.

The proposal would allow the U.S. Army Corps of Engineers to police the stock tanks to make sure they don’t contain pollutants which could contaminate rivers and lakes, and they could also be subject to restrictions under the Endangered Species Act.