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Clean water gets a toast at brewery

Supporters of EPA rule gather at New Belgium

FORT COLLINS – Supporters of a federal water rule gathered at one of Colorado’s largest breweries Thursday to cheer the proposal that would clarify regulatory authority over streams and wetlands.

The lovefest at New Belgium Brewing featured U.S. Rep Jared Polis, who has been in the environmental spotlight recently after backing down earlier this month on two proposed ballot initiatives that sought to increase regulations on the oil and gas industry.

The purpose of the roundtable discussion was to highlight support by certain business owners and agricultural interests for the proposed rule. With water being the most critical ingredient in beer, the setting amid flowing taps of hops-flavored brews was a suitable fit.

The Environmental Protection Agency has proposed a rule that would clarify regulatory authority over streams and wetlands. Two U.S. Supreme Court decisions have clouded the agency’s regulatory powers, and so environmental officials are seeking to secure their authority.

The joint rule-making with the U.S. Army Corps of Engineers comes as polluters have escaped fines for violations because the EPA has been uncertain that its authority would hold up in court.

“Our purpose is to clarify current perceptions under the Clean Water Act,” said Joan Card, an EPA senior policy adviser with Region 8.

“We are responsible to respond to the call to clarify this confusion created by the Supreme Court decisions.” Card said. “The changes are minimal.”

Some, however, see the rule as an overreach by the federal government. There were no opponents of the rule invited to the roundtable discussion Thursday.

But U.S. Rep. Scott Tipton, R-Cortez, has been taking on the EPA over the issue, expressing fear the rule would allow the EPA to regulate small bodies of water, even ponds or puddles on private land.

“The EPA’s claims that the redefinition of waters of the United States is simply to provide clarity, and not expand any regulatory authority, are in practice, untrue,” Tipton said.

“This rule has drastic implications for private water users who would now be subject to EPA review for even the most basic projects or access to their water, where they previously were not,” he added. “That sounds like an expansion of regulatory authority to me, and it sounds like a significant broadening of the EPA’s regulatory scope over surface water in this country.”

But Tipton’s colleague, Polis, a Democrat from Boulder, said the opposition is fueled by misconceptions. He said the rule would not protect any new types of waters that have not historically been covered under the Clean Water Act.

“A lot of folks that are having visceral reactions against this are operating with a distorted sense of reality,” Polis said. “Once they learn how this codifies existing practices, how it codifies protections that farmers have, that it ensures that we have clean supplies of water ... I hope that they ... can be won over to the cause.”

Jenn Vervier, director of strategy and sustainability at New Belgium Brewing Co., said water is the most important aspect to the company’s business, and that is why New Belgium supports the rule.

“Not polluting these resources is not just being a good neighbor, but it makes good business sense,” she said.

While larger farm organizations, including the American Farm Bureau Federation, have been telling regulators to “ditch the rule,” some smaller family farmers have been supportive.

“It’s our survival. ... Without clean water nothing really else matters,” said Bill Midcap, director of external affairs for the Rocky Mountain Farmers Union. “The Washington lobbyists do not speak for us.”

RMFU has launched a “They Don’t Speak for Me” campaign with the goal of making it clear that many farmers and ranchers in Colorado support the proposed protections.

“My dad taught me that water is for fighting and whiskey is for drinking,” said Midcap. “There’s no other way to do it.”

pmarcus@durangoherald.com



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