If a bill written by Representative James Oberstar passes Congressional muster, The Clean Water Act would affect all fresh waters. Advocates say it was the intent of the law, passed in 1972, to include all fresh water. But, on two occasions the U.S. Supreme Court has decided that the Clean Water Act applies only to waters deemed navigable. That would exclude small water bodies, intermittently flowing streams and wetlands.
The updated legislation would delete the term "navigable" from the law. It would replace the word with the current regulatory definition of "waters of the United States." According to Oberstar, that would obviate the need for regulators to develop a host of new regulations.
The American Land Rights Association calls the Oberstar bill a land grab, saying it's a threat to private property owners and Federal land users. The "America's Commitment to Clean Water Act" has passed the Senate Environment and Public Works Committee.
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