It is thanks to the Clean Water Act that our communities have clean drinking water and clean lakes and rivers in which to recreate. Today about
60 percent of our rivers and 55 percent of our lakes are safe for swimming and fishing, compared with just
The original intent of the Clean Water Act was to broadly protect our nation’s waters, including the many streams, rivers, ponds, wetlands and lakes that supply drinking water, recreational opportunities, commercial fishing and wildlife habitat. And thanks to three decades of clean-up efforts under the Clean Water Act, our water quality has greatly improved.
Unfortunately, many developers and polluters are now trying to strip the Clean Water Act protections from the wetlands, small streams and tributaries that provide vital habitat and nesting grounds for wildlife.
A Supreme Court ruling in 2006 has put these waters at risk of losing protection. The court decided that so-called “isolated water bodies” are not subject to Clean Water Act protection. However, what they failed to do was issue a clear ruling as to which waters should remain protected by the Clean Water Act, resulting in a great deal of uncertainty and confusion and further risk to our nation’s water supply.
In the wake of the ruling, we have been left with a complicated, case-by-case policy that leaves many isolated water bodies such as small streams and wetlands without clear Clean Water Act protections. The lack of a clear federal policy has put more than 50 percent of the nation’s streams, including many prime fishing places, at serious risk for losing vital safeguards.
In Montana, the Environmental Protection Agency estimates that
54 percent of the streams have no other streams flowing into them, and that
63 percent do not flow year-round. Under varying interpretations of the Supreme Court decision, these smaller water bodies are among those at risk of losing Clean Water Act protections. The EPA also says that 341,821 people in Montana receive some of their drinking water from areas containing these smaller streams. Perhaps that’s why Montana joined over 30 states in asking the Supreme Court to uphold broad protections for small tributaries and their adjacent wetlands.
Protecting our outdoor traditions is important not only to our way of life, but also to our economy. According to the U.S. Department of Fish and Wildlife, over $1 billion was spent on hunting, fishing or other wildlife-related recreation in our state in 2006.
In Congress, two bills n Senate Bill 187 and House Resolution 2421 n are being considered that would restore the Clean Water Act, ensuring its protections extend to all of our nation’s waters and wetlands. By passing the Clean Water Restoration Act, Congress can help ensure that our fish, ducks and other wildlife have the essential element they need to thrive … clean water.
Montana’s congressional delegation has an opportunity right now to stop the confusion and restore the original intent of the Clean Water Act. The Clean Water Restoration Act’s only objective is to restore wetlands, streams and lakes the previous protections they once enjoyed. This should be a simple thing to do, even in an election year when our elected officials walk on eggshells.
The time is now. Congress must step up and reaffirm the Clean Water Act as it was originally intended, extending protections to all of our nation’s waters, including the upstream wetlands that are so important to downstream water quality and outdoor traditions.
Ronald L. Mueller, of the Montana Chapter of the Sierra Club, writes from Missoula.
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