OCR Text |
Show Barn supports local control of natorujay Prospects of a water shortage in Utah this sum -mer emphasize the necessity neces-sity for local control of irrigation ir-rigation ditches, small streams andponds. Currently, Current-ly, the Army Corps of Engineers En-gineers control permit authority au-thority for every little stream in the nation, thus holding the power to place an intolerable burden on farmers. The Army gained that regulatory reg-ulatory resposibility in 1972 under Section 404 of the F ederal Water Pollution Control Act which is intended intend-ed to stop discharges of dredged or fill materials from polluting bodies of water. The intent of the law is good. However, the extent ex-tent of regulatory activities has grown to hamper the practical "use of water in agricultural activities. In 1975 the authority of the Corps of Engineers was extended by the Federal courts, thus placing extensive ex-tensive permit responsibilities responsi-bilities under Federal control. con-trol. Phase I, whichhasbeen in effect for a year, requires re-quires a permit to discharge dredged or fill material into waters that have been, are now, or a re susceptible for the directive the term "wetlands". "wet-lands". "Wetlands "are defined de-fined as land areas that are flooded with water. In addition, ad-dition, "navigable waters" have been defined by the courts to include all streams where the flow is greater than five cubic feet per second. I have joined Senator John Tower in sponsoring an amendment to the Water Pollution Pol-lution Extension Act which would provide broad protection protec-tion of wetland resources while allowing individual states the authority to issue permits on a practical basis. Under the Amendment, the Army Corps of Engineers retains re-tains authority to protect wetlands that are properly within their jurisdiction, but that is all.' v(u1.i:k1s surrounding sur-rounding waters that are truly "navigable" will receive re-ceive Federal protection, but authority to control local waters will remain where it traditionally belongs, with the states. Normal farm ing, forestry and ranching activities ac-tivities will not be curtailed for need of a Federal permit. per-mit. And dikes, dams anc levees can then be maintain -tained without bureaucratic interference. use in interstate and foreign commerce, tidal waters, and nearby wetlands. Phase II, the most burdensome phase of the regulations, expands the Corps' jurisdiction to natural lakes with more than five surface acres, primary tributaries of Phase I waters and nearby" wetlands. This phase went into effect last September after a legislative leg-islative snarl stopped Congressional Con-gressional efforts from lirn -iting it. The regulatory program is bad enough without the irritating ir-ritating details that accompany ac-company it. The Corps went beyond the courts instruction in-struction to control "navigable "navi-gable waters" by adding to |