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Clean Water Restoration Act Latest Regulatory Land Grab

From Kelsey Zahourek on Wednesday, May 13, 2009 2:29 PM
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Among the worst violators of Americans' property rights are out-of-control regulators who enforce federal environmental laws. This trend only seems to be increasing as Congress looks to pass the “Clean Water Restoration Act” (S.787). S. 787 would infringe on the rights of property owners across the nation and result in an unprecedented expansion of the regulatory authority of the federal government.

S. 787, re-introduced by Sen. Russell Feingold, seeks to re-establish the nearly unlimited powers of the Clean Water Act lost due to U.S. Supreme Court decisions in 2001 and 2006. While the bill aims to restore protection of wetlands and waterways, S. 787 mandates all waters be placed under regulatory control of the federal government, leaving property owners vulnerable to a potential federal “land grab”.
 
By placing all waters under the regulatory control of the federal government, this legislation goes way beyond the original intent of the Clean Water Act. Placing restrictions on the management of private land impinges on Americans’ abilities to utilize their land in the way they see fit. Farmers, Ranchers, and homeowners will be subject to the ever-widening reach of federal bureaucrats who will be concerned with every last drop of water that touches their land. Under this legislation, it would not be unfounded that a landowner wake up one morning after a heavy rain to find his property now useless because his ditches have been flooded and are now declared a wetland.

In sum, landowners will see their property value diminish due to increased land use restrictions, economic development and infrastructure projects will be curtailed due to delays in securing federal permits, and outdoor recreation enthusiasts will find new restrictions on both public and private land.

Click here to view a pdf version of the letter sent by Property Rights Alliance to Senators urging opposition to S. 787.

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Comments

What is most egregious about the bill is the claims "congress already has authority over private land that might be covered by water, or soggy, even if only temporarily. Unlike the Clean Air Act, which seeks to minimize the pollution of the air as it moves over private property, the revisions to the clean water act claims all rights to the land covered -or moistened- by water. If the water was already in congressional authority as written in the bill, all land would be under public trust and under many state laws completely open to public use for recreation. The implications of this new bill has either been poorly thought through or is a very devious and sleazy proposal to dispose of property rights.
>> Mike Friday, May 15, 2009 10:07 PM Report Comment

As an environment loving hippy, I can't help but wonder - will this law make it that much harder to live off the grid, off the land, and close to nature? The last thing you want to do after farming the land all day is to worry about some damned permit, especially when you already take every expense and precaution to avoid harming the environment. The basic American ideal is to be able to be self reliant, without harming anyone and without anyone harming you. The more taxes (ie, permit fees) that must be paid for the fundamentals (and a de facto water tax is even more fundamental than a tax on earned income), the more this becomes impossible.
>> Sasha Shepherd Tuesday, June 9, 2009 2:24 AM Report Comment

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