The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have issued a proposed rulemaking that redefines most water bodies as “waters of the U.S.,” which is a fundamental change to the Clean Water Act. If promulgated, this proposed regulation would place more water bodies under the authority of the EPA and the Corps, which would result in more time consuming and expensive permits, regulatory red tape, and less economic development in communities across the country.

Frank Dickens, who serves on the NAR Land Use and Environment Committee, explains that the primary effect of the proposed rule is that the EPA wants to take over jurisdiction of all water ways in the US when the EPA currently only has jurisdiction over “navigable” water ways and wet lands.  While we may not think EPA control over water is a problem because the EPA only protects water quality, the Army Corp of Engineers is included in this proposal.  That is where the problem starts.  By way of example, an  irrigation ditch which feeds into a primary water way would be subject to Corps jurisdiction.  Virtually every irrigation ditch that serves Arizona feeds into the Salt, Verde or Colorado River.  The rule, if passed, could require any homeowner who wants to build a simple walkway over their ditch to obtain a permit from the Army Corps of Engineers.

Please, download this comment letter and let the EPA know just how important it is for them to withdraw this rule.

E-mail your letter to: ow-docket@epa.gov. Include EPA-HQ-OW-2011-0880 in the subject line of the message.

For more information, go to:  http://www.realtor.org/articles/tell-the-epa-to-withdraw-their-proposed-rule-to-regulate-most-water-bodies

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