HELENA, Mont. - The public has one final day to submit comments on the 2015 Clean Water Rule, which clarifies where the Clean Water Act applies.
The rule is a safeguard put in place during the Obama administration to protect the country's rivers, streams and drinking-water supplies. However, current Environmental Protection Agency chief Scott Pruitt has said the rule has to go to remove onerous regulations on businesses and farms.
Dave Chadwick, executive director of the Montana Wildlife Federation, said the rule took years to develop through many public meetings and a lot of scientific data.
"It's all been thrown out in a couple of months by an oil-and-gas industry lawyer from Oklahoma," he said. "We really need to have some perspective here about whose interest is the director of the EPA looking after here? And it's increasingly clear that he's not looking after the interests of the American people, fish, wildlife and all the other values that depend on clean water."
The Clean Water Rule protects the headwater, rain-fed, and seasonal streams of drinking water sources for 117 million, or about one in three Americans, according to the EPA. Chadwick said it also protects the Montana waters where folks enjoy world-class fishing. People can go online to regulations.gov to comment on the rule.
David Brooks, executive director of Montana Trout Unlimited, said he is concerned that repealing the rule already was a foregone conclusion. He said Pruitt put out a video with the National Cattlemen's Beef Association, steering people's comments on the rule.
"Rather than direct the public to the EPA's website and docket to comment," Brooks said, "that video directs people to the National Cattlemen's Beef Association website, where they have a pre-written comment to be submitted that opposes the Clean Water Rule."
Repealing the rule is the first in a two-step process. Chadwick said the EPA will have to submit a new rule for public comment, leaving protections for clean water in limbo.
"Not only is that going to mean major chaos for regulated industries, obviously major chaos for fish, wildlife, everything we value, but it's also going to take time to develop that new definition," he said. "So, in the meantime, our water quality is going to be at risk."
The comments page is online at regulations.gov.
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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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