In a Transportation and Infrastructure Committee hearing today, Committee Members including U.S. Representative Rick Larsen (WA-02) heard from the U.S. Army Corps of Engineers, Environmental Protection Agency, legal scholars, county commissioners, water quality experts, and farmers about H.R. 2421, the Clean Water Restoration Act, which has been introduced by Chairman Jim Oberstar (D-MN).  Larsen released the following statement: 

“I appreciate Chairman Oberstar holding today’s hearing, and I am pleased that my constituent Skagit County Commissioner Don Munks was able to testify and share his concerns with the Committee.

“From what I have heard from my constituents in Northwest Washington and the witnesses who testified today, I’m concerned that the Clean Water Restoration Act, as currently written, could hinder – not help -- local efforts to protect water quality and salmon habitat while preserving our farming legacy.

“The consensus that emerged from today’s hearing is that the words "navigable waters" should not be removed from the Clean Water Act.  Doing so would upset the delicate balance between state and federal jurisdiction over water and could set off a chain of lawsuits.

“It is critical that any bill must affirm the constitutionality of Clean Water Act, remove the uncertainty that came with the Supreme Court decisions (Solid Waste Agency of Northern Cook County v. Corps of Engineers and Rapanos et ux., et al. v. United States), and ensure a baseline, consistent federal standard for the nation’s waters. 

“The current definition of "waters of the United States" in H.R. 2421 muddies the waters rather than making them clear.  I believe that any bill must provide crystal clear guidance as to what waters are covered by the federal Clean Water Act in order to give clarity to counties, farmers and builders.  Legislation should also incorporate the "significant nexus" test.

“I will continue to work with Chairman Oberstar to make sure these concerns are addressed.”