Federal water regulations must respect our farmers By ZippyDuvall
businesses involved in agriculture. James Henderson, Colorado Farm Bureau vice president, joined the video call from a field he farms. He was stand- ing in a grass waterway. James said he hadn’t seen water flowing through it in years. But, under the proposed rule, EPA could classify it as a regulated ephemeral stream, whichmeans it has flowingwater only during and after it rains. The example James shared was pow- erful. That’s how we’ll make an impact as the administration works to rewrite the WOTUS rule. We must help policymakers and the public understand the impact of irre- sponsible regulation, tying the hands of the very people stocking our pantries. And we must remain persistent in our effort to make sure regulations that keep our water clean also respect farmers, ranchers and small-business owners. You can make your voice heard today by visiting fb.org/wotus. When I called on farmers and ranchers to respond to this action alert during our AFBF Convention, over 1,800 farmers and ranchers answered the call in less than 36 hours. I hope you’ll answer the call, too, and tell the EPA why we need clear rules for clean water. We stand ready to engage in an honest andmeaningful dialogue with policymakers and all stakeholders. That’s the FarmBureau way. (Vincent “Zippy” Duvall, a poultry, cattle and hay producer from Greene County, Georgia, is the 12th president of the American Farm Bureau Federation. This commentary first appeared in his column, The Zipline, which is published online at fb.org/viewpoints.)
Water is critical to our families and our farms. It breathes life into our crops and produces forage for animals on our rangelands. It is a priority for farmers and
ranchers to ensure the water we rely on i s c l ean be - cause safe, clean water is critical to all life. Fa rme r s a nd ranchers are step- ping up to partner wi th thei r com- munities to pro-
Zippy Duvall
tect our water. Farmers have increased the use of buffer strips to prevent ex- cess fertilizer from reaching waterways. They’re using new technologies to filter water as it drains beneath our fields and continually work to beef up other clean water protections. Last year, officials at theEnvironmental Protection Agency and the U.S. Army Corps of Engineers announced they would rewrite the Waters of the United States, or WOTUS, rule, continuing a nearly decade-long back and forth that has left farmers and small-business own- ers scratching their heads. In 2015, the WOTUS rule was rewrit- ten and federal courts blocked its imple- mentation inmore than half of the states because it was a clear overreach by the federal government. In 2020, the rule be- came the Navigable Waters Protection Rule, which provided clearer rules while ensuring clean water. If you’ve ever had to deal with red tape from our federal government, you know that working through the stack of paperwork and fees that come
Proposed changes to U.S. waters rule would expand federally regulated lands and impose burdens on farmers and small businesses, says American Farm Bureau Federation president Zippy Duvall.
with applying for federal permits of- ten requires lawyers and consultants. The 2015 rule would have prevented farmers from moving forward on cli- mate-smar t farming pract ices and other advancements that ensure farms remain viable and vibrant. Unfortunately, warning lights point to the Biden administration heading down a similar path as the 2015 WOTUS rule. While EPA Administrator Michael Regan committed to a robust dialogue about the potential effects of the new rule, the agency seems to be moving for- wardevenas it asks stakeholders to set up regional meetings. The EPA claims the new rule will have no impact onany of America’s small busi-
nesses. That simply isn’t true. The proposal the EPA and the Corps of Engineers have presented would sig- nificantly expand the land mass regulat- ed by the federal government and lead to a costly labyrinth of permitting re- quirements that small businesses aren’t equipped to navigate. Although EPA has left me wonder- ing about its sincerity in working with farmers, I’m grateful that the Small Business Administration seems to be genuinely listening. WeworkedwithSBA to set upmeetings in which federal officials heard directly from property owners about potential impacts of a new rule. Last month, the agency heard from farmers and small
VOL. 49, NO. 5
February 2, 2022
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