Washington Trout: Preserve, Protect, Restore

Defending the Clean Water Act

On January 15, 2003 the Bush Administration published in the Federal Register their Advanced Notice of Proposed Rulemaking (ANPRM) and a guidance for agency field staff regarding the enforcement of the CWA over non-navigable, intrastate, isolated waters (isolated wetlands). Thanks to the hard work of the Clean Water Network American Rivers, and the many organizations in the River Agenda initiative, the EPA and Corps announced on February 28 that the deadline for public comments was being extended an additional 45 days – from March 3 to April 16. We must take advantage of this extension and act now to ensure that our voices are heard.

The implications of the already-implemented guidance and the ANPRM are tremendous to Washington’s wild fish populations and to the overall health of our streams, rivers, and ultimately, the Puget Sound. Wetlands and small streams function as critical rearing and spawning habitat for many of Washington’s wild fish populations. First and second order streams are the two smallest stream designations, but they provide a large amount of critical habitat. In fact, in the Pacific Northwest, 1^st and 2^nd order stream segments account for over 70% of the cumulative channel length in typical mountain watersheds (Benda et al, 1992). And WA Department of Ecology has documented that 57% of ESA-listed bull trout spawn in 1^st and 2^nd order streams, with another 35% spawning in 3^rd order streams. (http://www.ecy.wa.gov/programs/wq/swqs/bull_trout/early_trib-data.html). These types of streams are among the waters whose protection under the CWA could be called into question based on the response to the ANPRM. More information on the percentage of intermittent and ephemeral streams in Washington and throughout the nation are available at www.americanrivers.org/docs/streammiles.pdf.

The ANPRM specifically calls into question isolated waters. Wetlands that appear to be superficially isolated from other waters are often connected hydrologically. The concept of an “isolated” wetland is almost mythical, and removing CWA protection of these wetlands could allow increased groundwater pollution. Groundwater supplies drinking water, connects, filters, regulates surface waters, and is central to human, animal, and ecosystem health. Protecting these wetlands is currently the only way to protect groundwater sources; the CWA exempts groundwater from its protections. The Clean Water Act is 17 years past deadline, partly because it already fails to protect important water sources. The Act should be strengthened and expanded, not weakened and diluted.

The EPA is already estimating that 20 million acres of wetlands could be considered ‘isolated’, that is 20% of our total wetlands. And that estimate does not include the small creeks and streams that could be lost. These waters provide essential habitat for fish and wildlife; they are the nurseries of our nation’s watersheds. If CWA jurisdiction is removed from these waters, everything in that water and downstream will be affected. Larger waterways cannot be protected and restored if its feeder streams are allowed to be polluted. Such an approach goes directly against the understanding of how watersheds work.

We also need your help to generate support for the “Clean Water Authority Restoration Act”. On February 27, Senators Feingold (D-WI), Boxer (D-CA), and Jeffords (I-VT), and Representatives Oberstar (D-MN), Dingell (D-MI), Leach (R-IA), and Boehlert (R-NY) reintroduced this legislation to restore CWA authority for all waters of the United States. If passed, this would override the actions being taken by the EPA and Corps. Please urge our Senators and Congressmen to sign on as co-sponsors of the bill. Find those and other legislators contact information at http://amriversaction.ctsg.com/legdirectory.

Protecting our waters is going to be a numbers game, so please submit a comment, contact your local representative, and get involved. The ANPRM can be confusing, so below you will find the link to the Clean Water Network’s response. WT feels their summary is clear, concise, and most importantly, accurately reflects a great deal of our concerns. You will also find links to suggestions and samples for submitting comments. If you have any questions, please contact Leah Hausman at leah@washingtontrout.org or at (425) 788-1167.

evolution of salmonid habitat in a recently deglaciated river basin, Washington

State, USA. Canadian Journal of Fisheries and Aquatic Sciences 49:1246-1256.

Read Washington Trout’s Comments

Read WT’s article on the Clean Water Act from the Spring 2003

Washington Trout Report