DENVER - Groups like the American Farm Bureau Federation and other "big ag" organizations are protesting proposed federal rules that would redefine which bodies of water are regulated under the Clean Water Act.
Among the exceptions to that protest are farmers represented by the Denver-based Rocky Mountain Farmers Union. Bill Midcap, director of external affairs with the union, says he and his peers recognize the importance of maintaining the state's limited water supply.
"We've broken ranks, but we think that education and clarity of these rules is something ag's going to need," says Midcap.
While opponents of the proposed regulations say they place a burden on the farm community, the Rocky Mountain Farmers Union launched a campaign this month called "They Don't Speak for Me," intended to underline the fact not all farmers agree with the "big ag" lobby's opposition to the water rules.
The U.S. Environmental Protection Agency (EPA) says the proposed rule clarifications are needed to close loopholes in the Clean Water Act, and to ensure the ability of a new rule which would still offer exemptions for everyday agricultural activities. EPA representatives have been traveling around Colorado to help farmers understand the proposed regulations, and to demonstrate how the clarifications will enable farmers to continue irrigation of crops.
Julia McCarthy, environmental life scientist with the EPA, also notes the proposed regulations simply reinstate rules initially put into place in the 1970s.
"We want to make sure these headwater areas are providing a clean source of water for downstream communities and downstream irrigators so we don't have issues with high pollution levels in the water that we're using to water our crops," says McCarthy.
The Clean Water Act was passed in 1972 to address water pollution, but Supreme Court decisions in 2001 and 2006 limited the Clean Water Act to waters deemed "navigable." The EPA says this has created confusion when it comes to enforcement of water regulations.
Bill Midcap says he just wants to make sure farmers have a voice as the rules develop.
"Despite the opposition, these rules are going to move forward," he says. "So, why not try to get real clarification of how the rules are being written, before they are written?"
The EPA has extended their public comment period to Oct. 20.
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"Don't go into the water" is a warning Illinoisans may want to heed. A 2024 study released this week found all state-border beaches on Lake Michigan last year had evidence of contamination.
Findings from the Safe in Swimming report indicate these conditions could cause serious gastrointestinal and respiratory ailments. The data show bacteria levels were well above the EPA's "Beach Action Value" water quality standards. These guidelines help determine advisories and closures.
Emily Kowalski, outreach and engagement manager for the Environment Illinois Research and Education Center, explained the odds of exposure.
"One hundred percent of those beaches had potentially unsafe levels of fecal indicator bacteria at least one day in 2024, meaning that swimmers were potentially at risk," she said.
A water sample exceeding acceptable BAV standards increases the chances of a higher illness rate among swimmers. The study shows 71% of Great Lakes beaches had at least one potentially unsafe test day. Three beaches in Cook County had the highest degrees of dirty water - Winnetka Lloyd Park had the highest at 21. Glencoe Park and Montrose beaches had 14 days each.
The study identified runoff from paved streets and parking lots, and overflow from outdated, bacteria-encrusted sewage systems as harmful contributors. Livestock waste from concentrated animal feeding operations, or CAFOs, is another source.
Human contact with water tainted by manure could cause an E. coli infection. Kowalski suggested the environment could be one solution to interrupt the pathogen flow.
"Investing in nature-based solutions, green infrastructure, but also the repair needed in aging sewage systems nationally," she continued.
An estimated 57 million Americans experience nausea, diarrhea, ear and eye infections, and skin rashes after swimming in polluted waters. Kowalski adds the EPA estimates a price tag of $630 billion over 20 years will be needed to address sewage runoff and other wastewater problems nationwide.
Illinoisans can check the status of their favorite beach at Chicago Park District Beaches website.
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Following last year's historic drought in Montana and hot temperatures early this spring, the Blackfoot River is running at roughly 25% of normal water levels.
Water rights have shifted some this year but experts said management will continue to be community-driven.
Clancy Jandreau, Blackfoot water steward for the nonprofit group Blackfoot Challenge, said the river's fish population declined in the late 1980s and early 90s, but there has also been a long history of restoration efforts. The new Blackfoot Drought Response Plan, updated in April, helps build on those efforts, Jandreau noted.
"We really wanted to more explicitly recognize that habitat restoration efforts that improve fisheries can in and of itself be a response to drought, as it builds resilient fisheries," Jandreau explained.
The new plan also incorporates deferred changes from the 2015 Montana Water Rights Compact, in which the Confederated Salish and Kootenai Tribes and Montana Fish, Wildlife and Parks became co-owners of a water right historically associated with hydropower production.
During a dry summer like this one, Jandreau pointed out the drought plan encourages a "shared sacrifice for shared benefit" model, in which irrigators, anglers and other water users voluntarily reduce their effects on the resource.
"Everybody's going to be seeking the refuge of the river over this summer," Jandreau added. "That includes humans and wildlife. So just doing their best to be aware of that and being responsible and ethical recreators this summer out there on the river."
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Because of drought and failing infrastructure, the state of Texas will run out of water by 2030, according to the Texas Water Development Board.
But two new pieces of legislation are on the books that are designed to address the state's water shortage.
Senate Bill 7 and House Joint Resolution 7 would allocate $20 billion for infrastructure improvements and new projects.
Agriculture Commissioner Sid Miller said he's been trying to get lawmakers to address the state's water crisis for 10 years.
"We completely lost our sugar cane industry because - no water," said Miller. "We've brought it to light that Mexico is not paying their water bill with our treaty on the Rio Grande, so that was brought to light. We've got a drought over half the state of Texas."
An increase in population has also contributed to the state's water woes.
JR 7 would authorize the state to use $1 billion a year from sales tax revenue for the water projects. The resolution must be approved by voters in November.
If the amendment is approved, the projects and funds will be overseen by the Texas Water Development Board. Miller said in the meantime, the state needs to do a better job at managing the water it has.
"We spend millions and millions of dollars on stormwater drainage, getting rid of excess water when it rains," said Miller. "We need to capture that water and use it. We need to capture the water out of these water treatment plants. I'm not advocating that we drink it but, my farmers sure would like to irrigate with it."
Miller said the state can also benefit from rainwater harvesting. He added that up to 70% of the state's water is lost, as it's transported to various municipalities because of old, worn-out infrastructure.
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