North Dakota Rural Water Systems Association - News and Facts from NDRW

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WASHINGTON – At a Senate Environment and Public Works (EPW) hearing yesterday, U.S. Senator Kevin Cramer (R-ND) discussed Waters of the United States (WOTUS) regulations with Radhika Fox, President Biden’s nominee to be Assistant Administrator for Water of the Environmental Protection Agency (EPA). Senator Cramer began by quoting North Dakota Agriculture Commissioner Doug Goehring’s testimony to EPW last Congress.

“The most fundamental management practice in agriculture is effective water management – either to retain, conserve, or convey,” said Commissioner Goehring in 2019. “An overly rigid one-size-fits-all federal intervention and regulatory oversight is not reasonable, not workable, and not appropriate.”

The senator then shared a map of North Dakota detailing how the 2015 Obama rule would place more than 80 percent of land under federal jurisdiction.

“I want to refer to this map of North Dakota to help people understand we literally are the center of the North American continent,” said Senator Cramer. “There’s a monument in Rugby, North Dakota that says this is the center of the North American continent. We are prairies. We are badlands…. This map illustrates what would fall under Waters of the U.S. Navigable Waters definition. … WOTUS is at the heart of agriculture, as you’ve been hearing from others. It’s very near and dear to North Dakotans. We want to get it right.”

“I have a pontoon. If I can’t drive a pontoon on it, I know it’s not navigable,”continued Senator Cramer, gesturing at the map. “This is a whole bunch of stuff that isn’t navigable.”

Mrs. Fox agreed.

“We all want an enduring definition that is national, but really can address the particular local circumstances of water,” said Mrs. Fox. “How do we create a rule that can withstand the test of time and respect the local needs? That is really what Administrator Regan has directed me to do, and that’s what I want to do. I want to get it right.”

Senator Cramer invited Mrs. Fox to visit North Dakota to see the way WOTUS rules impact the state firsthand. She accepted his invitation, assuming she is ultimately confirmed.