Page 18 October 27, 2015
2015 Logan County Farm Outlook Magazine
LINCOLN DAILY NEWS.COM
I
n both crop and livestock production, the
United States Environmental Protection Agency
regulates practices that could affect air and water.
In 2014 the U.S. EPA proposed an expanded new
regulation to aid its Clean Water Act intending to
add protection to U.S. waters from pollutants.
Waters of the United States (WOTUS) Rule
became effective on August 28, 2015.
However, on Oct 9, 2015, the Sixth Circuit of the
United States Court of Appeals issued a ‘stay’ for
all of the U.S. on WOTUS Rule.
Various industries including agriculture have
stood in opposition to the Rule primarily because
of its lack of clarity, which could result in giving
too much discretion, power and control to
government agencies. Agriculture leaders joined
the fight believing that the Rule could lay a bigger
burden on the industry already heavily laden in
regulations.
Concerns from the agriculture industry included
the potential for higher costs, loss of land from
production, less effectiveness and efficiency in
production.
The potential impact of the Rule concerned many
Logan County farmers. Some have felt that the
EPA is overreaching their power. For example,
though the Act does not specifically regulate
ditches, some ditches meet the definition of
tributaries that would be regulated under the new
Rule. Many feel that ditches should be removed
from the definition of tributary.
San Jose farmer Blair Hoerbert said that with the
rule, even water flowing across someone’s yard
could be under the EPA jurisdiction.
Concerns over waterways and how the
Rule would affect farmers
One concern over waterways is the effects
of water on soils and leached soil. An article
on “The Problem of Leaching” explains that
“Leaching is the movement of contaminants, such
What WOTUS might mean
to Logan County producers
Note to the
left, from
bottom to top,
a drainage
ditch that runs
westward
toward
Kickapoo
Creek; while to
the lower right
just off the
road is a low
grass area for
field run-off.
Continued
