H.R. 2421 would amend the Federal Water Pollution Control Act to clarify the jurisdiction of the United States over waters of the United States.
Detailed Summary
Clean Water Restoration Act of 2007 - Amends the Federal Water Pollution Control Act (popularly known as the "Clean Water Act") to replace the term "navigable waters," throughout the Act, with the term "waters of the United States," defined to mean all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting them, are subject to the legislative power of Congress under the Constitution.
Declares that nothing in such Act shall be construed as affecting the authority of the Secretary of the Army or the Administrator of the Environmental Protection Agency (EPA) under the provisions of the Federal Water Pollution Control Act related to discharges: (1) composed entirely of agricultural return flows; (2) of stormwater runoff from oil, gas, and mining operations; or (3) of dredged or fill materials resulting from normal farming, silviculture, and ranching activities or from activities with respect to which a state has an approved program, or for the purposes of maintenance of currently serviceable structures or drainage ditches, construction or maintenance of farm or stock ponds, irrigation ditches, or farm, forest, or temporary roads for moving mining equipment, or construction of temporary sedimentation basins on construction sites.
Status of the Legislation
Latest Major Action: 4/16/2008: House committee/subcommittee actions. Status: Committee Hearings Held.
Points in Favor
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Points Against
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Visitor Comments
Walt Griffith
The clear intent of this law is to skirt the United States Constitution which does not give the Federal Government the authority to regulate any water beyond "navigable waters" which can only be derived for the commerce clause, which is probably a very weak conclusion.
Pacific Legal Foundation
The Oberstar bill gives new meaning to the term 'BIG GOVERNMENT.' It would put average citizens at the risk of civil and criminal prosecution for ordinary conduct. Filling in an ornamental pond in one's backyard would not be exempt from federal reach under the express terms of the 'Clean Water Restoration Act.'
Rural Iowa
Water is a limited resource. It's very easy to see what's around the bend. Right now people living in rural areas cannot do anything to their own wells without government intervention. All wells are recorded/location/depth, etc. This data base supplies a ready made list of available wells for the taking. This is an erosion of personal property rights and should be seen as the ultimate red flag. Those who control our water, control our very lives.
Codex Alimentarius
Control of Food,Water,Money,Land,What happened to FREEDOM? LIFE?