The Waters of the U.S. (WOTUS) rule will create enormous uncertainty and vulnerability for farmers and ranchers nationwide, American Farm Bureau Federation (AFBF) General Counsel Ellen Steen recently told a House Agriculture subcommittee.
Unless dramatically altered, the proposal will result in potential Clean Water Act liability and federal permit requirements for a tremendous number of commonplace and essential farming, ranching and forestry practices nationwide, FBNews reports.
Because ditches and ephemeral drainages are ubiquitous on farm and ranch lands—running alongside and even within farm fields and pastures—“the proposed rule will make it impossible for many farmers to apply fertilizer or crop protection products to those fields without triggering Clean Water Act ‘pollutant’ discharge liability and permit requirements,” Steen explained.
“They can either continue farming, but under a cloud of uncertainty and risk, they can take on the complexity, cost and equal uncertainty of Clean Water Act permitting; or they can try to avoid doing anything near ditches, small wetlands, or stormwater drainage paths on their lands. It’s a no-win situation for farmers and ranchers,” she said.