Proposed WOTUS Rule Brings Clarity and Common Sense

When I look out on the land my family has farmed for more than 90 years, I see the care and dedication we have put in over the generations to leave the land better than we found it. I know that farmers across the country share that same pride as they care for their soil and protect natural resources that we all depend on. Now, thanks to years of advocacy and standing up for common sense, we have a proposed rule that will allow for farmers and ranchers in every state to be able to look out on their land and know exactly what is a “water of the United States.”

Last week, the Environmental Protection Agency and the Army Corps of Engineers released a new proposed Waters of the U.S. rule. The agencies answered farmers’ concerns and calls for clarity. Water is the lifeblood of our farms and communities, and farmers take our role as caretakers seriously. Farm Bureau welcomes a WOTUS rule that protects our natural resources and respects the careful stewardship of the men and women who grow the food, fiber and fuel our country depends on.

For decades, America’s farmers have been adopting new innovative practices that keep nutrients in the soil and protect nearby water, including practices like buffer strips and terracing. Farmers know better than anyone that a healthy and productive farm starts with healthy soil. We are the ones with our boots on the ground every day caring for our land, crops, and natural resources. And we are looking to make every season better than the last. That’s why we are always adopting the latest innovations, tools and practices to make our farms more efficient and leave the land better for the next generation. Take a look at regenerative agriculture, for example. Regenerative has become another buzzword in farming, but these practices have been on the rise for years across our nation’s farmland, with around 40 million acres now enrolled in regenerative practices.

In addition to careful stewardship, farmers rely on clear regulations from federal agencies like EPA. That’s why Farm Bureau has been calling on EPA and the Corps for well over a decade to deliver a rule that farmers and ranchers can follow while keeping up with critical farm practices. Previous WOTUS definitions have reached too far and placed ordinary farm activities under burdensome and costly federal oversight. Farmers should not need to hire a team of lawyers and consultants to know what is regulated on their land, or to keep up with critical farming practices. Over the years, farmers have faced a regulatory guessing game, where the rules kept changing, but the penalties were steep.

We hope this new proposed WOTUS rule will put an end to the games and allow common sense to prevail. It addresses the concerns farmers have raised and also responds to the Supreme Court’s decision in Sackett v. EPA which reined in regulatory overreach by confirming that primary authority rests with the states. This rule establishes a bright line of jurisdiction, so a farmer can easily discern what is “in” and what is “out” under federal regulation. I’m hopeful that the finalization of this rule will provide the regulatory clarity that our farmers and ranchers have advocated for.

Farm Bureau has long said that clean water and common sense go hand-in-hand. We are glad to see EPA and the Corps agree, and we look forward to this new proposed WOTUS rule becoming permanent.