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MOFB: farmers want clean water, but also need a clear WOTUS rule

The Biden administration’s updated Waters of the United States rule continues to come under fire. 

During his testimony on Wednesday, Missouri Farm Bureau President Garrett Hawkins told the House Subcommittee on Water that the Waters of the United States rule expands government overreach on private property.

When asked by Subcommittee Chairman David Rouzer how farmers feel about the new rule, Hawkins responded, “overwhelmed. We feel like this new rule shifts the burden of proof back to us rather than the agencies. It’s almost the notion we’re guilty until proven innocent.”

Hawkins said while people talk about the long-standing exemptions for agriculture under the Clean Water Act, he wouldn’t be testifying if those exemptions worked.

“It is impossible for any farmer to know if a feature on their property is a WOTUS. Everyday farm and ranch activities such as tillage, planting or even fence building in or near these features could trigger the Clean Water Act’s harsh civil or criminal penalties unless a permit is obtained.”

Hawkins referenced a “threatening” letter EPA sent to a Missouri landowner (under the pre-2015 WOTUS definition) which included severe fines and mitigation requirements because the landowner was “simply trying to save his property from eroding by placing rock along his stream bank.” Hawkins said this is a classic case of heavy-handed punitive action against a landowner as the creek had a significant nexus to the Mississippi River via two other connecting rivers.

The chairman of the full Transportation and Infrastructure Committee and Missouri Congressman Sam Graves also said farmers need clarity.

“Person after person in my district calls and says, what do I do? I’m being sued over this or I’m being sued over that. I can’t build a pond. I can’t build any of my retainment structures, whatever the case may be.”

Earlier this month, Graves filed a joint resolution seeking to reverse the Biden administration’s WOTUS rule. Here’s more details on that bill.

The Biden administration’s WOTUS definition was also released before the U.S. Supreme Court’s decision on Sackett vs. EPA, expected this year. The case is expected to define the Waters of the United States under the Clean Water Act.

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