SPRINGFIELD BUSINESS JOURNAL · 17 MARCH 20-26, 2023 FOCUS AGRIBUSINESS were drawn by the Army Corps, and though not everyone was especially happy, they were spelled out, Hawkins said. “For the first time since 1972, we actually had regulatory certainty as to where federal jurisdiction ends and state jurisdiction begins – and that was a good thing,” he said. Trent Drake is president of the Polk County Farm Bureau and grows corn and soy in rural Bolivar. Drake said all farmers feel the effects of the uncertainty of the WOTUS definition. “There will be a lot of uncertainty because some bureaucrat in Washington, D.C., is going to make decisions on what constitutes runoff,” he said. “The way they’re going to apply it, whenever you have water running off a field or a puddle standing in it, they’ll use that to try to regulate us even more and try to get their little sticky finger into our business.” The updated WOTUS definition includes standing water in a farm field and runnels that lead to low areas and ditches. Drake said overregulation leads to hidden costs. “It makes it hard to make future plans and all that when you’re not really sure what the cost to you is going to be,” he said. Federal jurisdiction over an area of water means permission from the Army Corps is required for work to be done. Hawkins said he would not suggest any farmer move dirt without consulting an attorney and an engineer. The cost of bringing in professionals to take care of a problem that a farmer might otherwise fix with a simple, practical step, such as moving obstructions from a stream or reinforcing a bank, makes farming more difficult for Drake, who adds that opinions can vary among those who inspect property. “What they enforce on one person’s farm may be different than the other guy that comes out and inspects. Another guy’s farm may have a whole different opinion,” said Drake. Civil and even criminal liability can result from moving forward on work that affects the watershed if a permit is not first acquired, according to Hawkins. Case study Hawkins testified before the U.S. House Water Subcommittee on Feb. 8 about the problems he sees with the WOTUS definition. He gave the example of an east central Missouri farmer who was trying to save his soil from an overflowing creek that was filled up with gravel and had willow trees channeling water and sloughing away banks. The farmer used what Hawkins called commonsense means to fix the problem by pushing large gravel to stabilize the bank and minimize soil loss. “He was ultimately fined thousands of dollars for not getting a permit,” Hawkins said. On March 9, The U.S. House voted 227198 to roll back the broadened WOTUS definition. President Joe Biden has said he would veto the measure if it reached his desk. Caution urged Brent Stock, executive director of the James River Basin Partnership, said he often hears about frustration caused by the WOTUS definition. The partnership works with landowners, he said, and the organization does not get involved in political disputes. “They’re really the ones that can make the big difference,” he said of farmers and rural landowners. While most people can appreciate that a navigable stream is part of the waters of the U.S., it’s not always clear if an ephemeral stream – here when the weather is wet, gone when it’s dry – counts. But all water is connected, Stock said, particularly in the karst topography of southwest Missouri. Most communities in the area rely on groundwater for their drinking water, and that’s where the karst connection is important, as pollutants can easily permeate the soluble rock. While a farmer may retain soil by bolstering a stream bank with gravel, that action can also cause damage, Stock said. “You can do a lot of damage in 10 minutes with a bulldozer that takes 100 years to fix,” he said. A contractor who takes matters into their own hands without a proper understanding of stream morphology or hydrology can create a situation that degrades wildlife habitat, destabilizes banks downstream and causes issues for other landowners, Stock added. Hawkins holds out hope that the U.S. Supreme Court will weigh in and clarify the definition further. As he said in his testimony in Washington, “No WOTUS before SCOTUS.” A top court directive is expected soon in the case Sackett v. EPA, which tests Army Corps jurisdiction. • Waters: US House votes to roll back WOTUS rule Continued from page 11 GREAT Places To Work 2023 spring edition SPACE DEADLINE: MARCH 24, 2023 Publish date: April 17, 2023 email VPister@SBJ.net TO RESERVE YOUR SPACE WHY ! BUILDING A STRONG EMPLOYER BRAND CAN HELP YOUR COMPANY STAND OUT AND ATTRACT TOP TALENT. Brent Stock often hears about frustration caused by the WOTUS definition. 1972 Clean Water Act established There will be a lot of uncertainty because some bureaucrat in Washington, D.C., is going to make decisions on what constitutes runoff.” —Trent Drake Polk County Farm Bureau
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