The House Appropriations Committee has maintained an aggressive hearing schedule in their commitment to pass 12 appropriations bills “in regular order” this year. During these hearings, the proposed rule on Waters of the U.S. has come under strong, repeated criticism. House Energy and Water Development Subcommittee chairman Mike Simpson (R-ID) and Interior and Environment chairman Ken Calvert (R-CA) have publicly vowed to insert a provision in their respective bills to stop the rule from being considered or implemented by EPA and the Corps of Engineers.
The proposed rule is intended to clarify which waters are subject to the federal Clean Water Act, but RCRC and industry groups such as the Farm Bureau, as well as some public interest organizations claim that federal jurisdiction will be expanded and the cost for permitting and regulating discharges will be dramatically increased. Concerns have been raised because the rule would define most ditches as tributaries and waters of the U.S., potentially affecting water supply, water delivery, storm water, and water reuse systems.