Category Archives: Streams

Amusing Monday:
Flying fish for increased survival, savings and fun

The “salmon cannon,” a pneumatic-tube device destined to replace some fish ladders, got plenty of serious attention this fall from various news organizations.

You may have seen demonstrations by the inventor, Whoosh Innovations of Bellevue, that showed adult salmon shooting unharmed through flexible tubes. For dramatic effect, some videos showed the salmon flying out the end of the tube and splashing into water. Among those who found the device amusing were commentators for “CBS This Morning” and “Red Eye” on Fox.

For a laugh, comedian John Oliver recently took the idea in a different direction, aiming his personal salmon cannon at celebrities including Jon Stuart, Jimmy Fallon and… Well, if you haven’t seen the video (above), I won’t spoil it for you.

All this attention has been a surprise for Vince Bryan, CEO for Whooshh, who told Vancouver Columbian reporter Eric Florip that he has spoken with hundreds of news organizations and potential customers from throughout the world.

“It was a nice boost because it says one thing, that people care a lot about the fish, and two, that there really is a need,” Bryan was quoted as saying.

A good description of the potential applications for the “salmon cannon” was written by reporter Laura Geggel of Live Science. Meanwhile, Reuters produced a nice animation showing how the tube works. And a video on the Whooshh Innovations YouTube channel, shown below, provides a clear demonstration how the transport system can work for both humans and fish.

Kitsap rains: not too much, not too little for salmon and aquifers

The on-and-off rains over the past two weeks are nearly perfect for both spawning salmon and for recharging shallow groundwater supplies, experts say.

Chum salmon in Chico Creek. Kitsap Sun photo
Chum salmon in Chico Creek.
Kitsap Sun photo

For October, total rainfall ranges from about 5 inches at Hansville to 12 inches at Holly, according to rain gauges managed by the Kitsap Public Utility District. Fortunately, those rains have not been delivered to us in only a few days.

The intermittent nature of October rains has allowed the streams to maintain their flows without flooding. They’ve also allowed infiltration into the ground without excessive runoff.

“It is the good kind of rain,” said Bob Hunter, interim manager of Kitsap PUD. “We’ve had a couple of days when we’ve had 2-plus inches, but we haven’t seen the streams flash.”

In other words, the streams have not risen excessively fast. Bob attributes that to how dry the ground was before the rains began. Soils were able to absorb much of the early rainfall before stormwater runoff began to increase. Pauses between the rainstorms allowed more of the water to soak into the ground.

“It just goes to show you the variability that we have around here,” Bob told me.

October marks the beginning of the 2015 “water year.” Although we are just a month into the start of the year, the rainfall has been closely tracking all-time highs at some rain gauges — including Holly, which has been monitored since 1999. (See charts below.)

Meanwhile, the rain pattern in October was nearly perfect for salmon, said Jon Oleyar of the Suquamish Tribe, who walks the East Kitsap streams to count migrating salmon as they arrive.

“It seems like we’ve had storms coming in every couple of days, so they are not right on top of each other,” Jon said. “That gives the streams some time to recede.”

When there is not adequate flow, the salmon often wait for the streams to rise. On the other hand, too much flow can wash salmon eggs out of the streambed.

Last week’s rains got the chum salmon moving into most of the East Kitsap streams, Jon told me.

“I checked Chico Creek on Wednesday, and there were almost 11,000 fish in there and going up about as far as they can get,” he said.

A good escapement for the Chico Creek system is between 12,000 and 15,000 chum, and there is still more than a month left — assuming a typical timing of the run, he said. But things are looking a little different this year, he noted, and the bulk of the run may have arrived already.

One indication that timing could be different this year is that Gorst Creek already has a fair number of chum salmon — perhaps 500 — yet the Gorst Creek run usually comes in later and continues well into December.

Is it possible that all or most of the salmon runs are coming in early? It’s a question that only time will answer.

Jon told me that he’s a bit water-logged at the moment, trying to count fish in the rain with the streams running high.

“I’m pretty happy about it,” Jon said. “I have my fish up where they need to be, but it’s just hard to count them right now. If you’re a fish, this is really working for you.”

In the charts below, found on the Kitsap PUD’s website, you can see that October’s rainfall has been tracking the record high rainfall at these stations. Of course, the “water year” has barely begun, so anything can happen. (Click on images to enlarge.)

Rain-Holly

Rain-CK

Rain-Hansville

Experts to talk salmon and habitat at Poulsbo Fish Park on Saturday

Poulsbo’s Fish Park will have a variety of experts on hand Saturday to talk about the salmon run in Dogfish Creek and other North Kitsap streams, as well as restoration efforts taking place throughout the region.

salmon viewing

Fun and educational activities for kids are part of the event, which will go from 9 a.m. to 2 p.m. My description of salmon-viewing events on Saturday had the wrong date for the event. Check out the flyer posted by Poulsbo Parks and Recreation.

Paul Dorn, a biologist with the Suquamish Tribe, said the best bet to see salmon in the creek will be earlier in the day, as the tide will be incoming. Natural organic compounds called tannins tend to color the water brown, so it is not always easy to spot migrating salmon in the lower part of Dogfish Creek. If you miss them at Fish Park, it may be worth a trip to Valley Nursery off Bond Road, where I’ve often had luck seeing salmon.

“We just finished a wonderful restoration project,” Paul told me, describing the installation of woody debris and gravel on a tributary of Dogfish Creek at Fish Park. It’s a small stream, he said, but it’s good rearing habitat for juvenile coho salmon and cutthroat trout, and adult salmon can go up the stream when the flows are high.

Salmon events are scheduled the following Saturday, Nov. 8:

  • Cowling Creek Center, 8 a.m. to 4 p.m., 20345 Miller Bay Road.
  • Chico Salmon Viewing Park, 10 a.m. to 2 p.m., adjacent to Kitsap Golf and Country Club, www.ext100.wsu.edu/kitsap.
  • Mountaineers Rhododendron Preserve, 10 a.m. to 1 p.m., with walking tours at 10 a.m., 11:30 a.m. and 1 p.m., www.ext100.wsu.edu/kitsap.

For a map of accessible salmon-viewing locations with videos that describe each spot, go to Kitsap Peninsula Salmon Watching. While there, check out the tips for successful salmon-viewing.

It’s salmon-watching time on Kitsap Peninsula

The salmon are coming! The salmon are coming!

The recent rains have done the job; the streams have risen; and chum salmon are moving swiftly into Chico Creek — and probably other streams on the Kitsap Peninsula.

Click on image to open interactive map.
Click to open interactive map.

I stopped by Chico Salmon Viewing Park today and observed chum in all portions of the stream and moving upstream at the bridge on Chico Way. The park, where volunteers have made significant improvements, is adjacent to Kitsap Golf and Country Club. Park officials say it is OK to walk around the chain-link fence and enter the park, but please stay on the trails once you are inside.

I also noticed a large number of salmon at the mouth of Chico Creek, milling around the culvert under Highway 3. The old culvert on Kittyhawk Drive has been torn out, so it is no longer an obstacle. The stream channel has been reconfigured to look and function like a natural stream. See Kitsap Sun, Aug. 26.

At least a dozen anglers were fishing out beyond the mouth of the stream, where they should be. Fishers and other observers are asked to stay on the trail, be careful not to trample recent plantings, and stay out of the stream channel. No fishing is allowed upstream of the high-tide mark down on the beach.

I recently wrote about how killer whales of the Salish Sea have begun to follow the chum salmon into Central and South Puget Sound. Chum are a primary prey species for the orcas, after chinook runs decline. See Kitsap Sun, Oct. 20.

I have to admit that I still get excited when I see energetic salmon finding their way upstream, swimming around rocks and logs, rushing through shallow riffles and hanging out in deep pools. If you visit the major salmon streams, such as Chico Creek, over the next week or two, you’ll avoid the smell of rotting salmon that generally comes later. As for me, I like to watch the salmon during all portions of the run.

For a map of accessible salmon-viewing locations with videos that describe each spot, go to Kitsap Peninsula Salmon Watching. While there, check out the tips for successful salmon-viewing.

If anyone gets a decent photo of salmon in the streams, please send it to my email address and I’ll post it on this blog. I tried to get photos today, but I didn’t have enough light.

If you’d like to learn about salmon from fisheries biologists, consider attending this year’s Kitsap Salmon Tours on Saturday, Nov. 8, at four locations:

  • Cowling Creek Center, 8 a.m. to 4 p.m., 20345 Miller Bay Road.
  • Poulsbo Fish Park, 9 a.m. to 2 p.m., on Lindvig Way in Poulsbo, www.city of poulsbo.com/parks/parks_events.htm.
  • Chico Salmon Viewing Park, 10 a.m. to 2 p.m., adjacent to Kitsap Golf and Country Club, www.ext100.wsu.edu/kitsap.
  • Mountaineers Rhododendron Preserve, 10 a.m. to 1 p.m., with walking tours at 10 a.m., 11:30 a.m. and 1 p.m., www.ext100.wsu.edu/kitsap.I

Celebrating freedom for the Elwha River

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Elwha Prigge

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I want to recognize the Kitsap Sun’s editorial cartoonist Milt Priggee for capturing the feeling of the moment last week when the final piece of a dam on the Elwha River was blown up. See Water Ways, Aug. 27, 2014.

The video below was recorded on that same day by Anne Shaffer of the Coastal Watershed Institute while snorkeling in a kelp bed in western Freshwater Bay, not far from where the Elwha River flows into the Strait of Juan de Fuca.

Watching this video and the large number of herring gives me a feeling of optimism, although I recognize there is no scientific basis for this. Someone please tell me the herring are doing better.

“We couldn’t think of a better place to be the day the last dam went down,” Anne said in an email to members of her listserv.

The Coastal Watershed Institute has been monitoring the nearshore area, where the Elwha River has been dramatically transforming the delta. Sediment, unleashed by dam removal, pours out of the Elwha and builds up in the estuary.

Tom Roorda, an aerial photographer, has been documenting the transformation with thousands of pictures he has taken over the past several years.

Tom Roorda of Roorda Aerial photography captured this image showing the ongoing buildup of sediment at the mouth of the Elwha River. Photo by Tom Roorda
Tom Roorda of Roorda Aerial photography captured this image showing the ongoing buildup of sediment at the mouth of the Elwha River. // Photo by Tom Roorda

Amusing Monday: Crack appears in Mexican desert

For this week, let’s call it “Amazing Monday.” When I first saw this video, I thought it was a fake animation for a science fiction film. But it turns out that it could be the answer to a troubling riddle: What is dryer than a desert?

The crack might also be the result of erosion from either an underground or surface channel following an unusually heavy rain. Despite the attention in Mexican and U.S. news outlets, I have been unable to find a good explanation.

The crack is said to be about three-fourths mile long and up to 25 feet deep. Some nice close-in photos were posted on the website of Excelsior, a daily newspaper based in Mexico City. They show people standing next to the giant fissure. (When watching the video, it’s worth blowing it up to full screen.)

In a Washington Post story last week, reporter Joshua Partlow quoted a geologist at the University of Sonora as saying the crack was probably caused by pumping groundwater for irrigation:

“The chair of the geology department at the University of Sonora, in the northern Mexican state where this ‘topographic accident’ emerged, said that the fissure was likely caused by sucking out groundwater for irrigation to the point the surface collapsed.

“‘This is no cause for alarm,’ Inocente Guadalupe Espinoza Maldonado said. ‘These are normal manifestations of the destabilization of the ground.’”

I think the geologist’s comments were meant to quell fear and speculation that started running wild when the crack first opened. While it may not be cause for alarm, I can’t believe that a crack this size — which has cut off more than one roadway — can be considered a good thing. Nevertheless, it is fascinating, and I’d like to learn more about it.

Three videos take us upstream, where it all begins

John F. Williams of Suquamish, known for his brilliant underwater videos, has worked his way upstream from Puget Sound and into the freshwater streams of the Kitsap Peninsula.

His latest video project began somewhat haphazardly, John told me. But the end result is nothing less than an entertaining and educational series that anyone can enjoy. It helps that each video is just a little over four minutes. In such a short time, John was able to tell a story while packing in a lot of information.

“It all started,” John said, “when Ron (Hirschi) invited me to come film him taking some preschool kids down to the South Fork of Dogfish Creek. He thought that would be fun.”

Ron Hirschi, who grew up around Port Gamble, worked as a biologist for years before becoming a successful children’s author. He tells stories of nature in simple and endearing ways. In the first video on this page, you’ll see Ron reading from one of his books.

I would be remiss if I didn’t mention that Ron and I have known each other for more than 30 years. He was an early mentor for me as I was learning about streams and shorelines in Western Washington, and I still rely on him for advice from time to time. He was an important voice in the book “Hood Canal: Splendor At Risk.”

Anyway, it was nice to see the two storytellers — John and Ron — link up on a project together.

“At the time, we had no idea where this was going,” John said.

A member of the Kitsap Environmental Education Program, John learned that some money was available for education projects through the “Puget Sound Starts Here” campaign.

“It occurred to me that what I was doing with the streams fit into what they wanted,” he said, “so I pitched the idea of doing several movies about streams and people’s interactions with them. I wanted people to understand that these streams, which are hidden behind the trees, are part of their lives.”

John completed the video with Ron Hirschi, showing a visit to a forgotten stream, Poulsbo Creek, as well as the well-known Dogfish Creek, both in North Kitsap. John also obtained leads for stories about Olalla Creek in South Kitsap and Chico Creek in Central Kitsap.

His contact in South Kitsap was teacher Lisa Wickens at Ollalla Elementary School. It so happens that I had worked with Lisa on a story about elementary school children building a rain garden to prevent dirty water from getting into Olalla Creek. Check out “Olalla students learn science with a rain garden,” Kitsap Sun, Dec. 13, 2013 (subscription).

John was blown away by the intellectual and scientific skills of this younger generation.

“I was sitting in Lisa’s classroom one day, and she was giving her second-graders an assignment to write a persuasion piece,” John noted. “She wanted them to persuade someone to take care of the Earth. I said I would love to come and film the kids reading their papers… It was so amazing.”

You’ll get a feeling for their abilities in the second video.

For the third video, John connected with Maureen McNulty, a teacher at Klahowya Secondary School who was organizing the students to build a rain garden. It turned out that older students were teamed up with younger ones on the project, so that everyone learned something.

John also traced the path of a stream from the school wetlands into the adjoining forest and encountered Frank Sticklin, the chief guru for Newberry Hill Heritage Park. Frank educated John about beaver dams.

“I had never seen beaver ponds, and he showed me these incredible things,” John said.

In reality, John probably had seen beaver ponds and beaver dams without knowing that beavers were responsible. After Frank’s tour, he went for a walk south of Port Gamble and encountered something that he immediately recognized as a beaver dam. Once you’ve seen one, you know what to look for.

“I think of this as a metaphor of what I do with my movies,” John told me. “I help people see things that they haven’t seen before and to look at the world in a new way.”

John’s videos have been recorded onto DVDs and distributed to nearly 200 schools and environmental organizations throughout the area.

He’s now working on some projects involving the Puget Sound shoreline. I’ll let you when they are done. Meanwhile, you may wish to check out his websites, Still Hope Productions and Sea-Media.org.

Stormwater: Can we stop the menace we created?

I’ve completed the seventh story package in a 10-part series examining the Puget Sound ecosystem, with a special focus on indicators of ecological health. We’re calling the project “Taking the Pulse of Puget Sound.”

Jenifer McIntyre of the Washington Stormwater Center studies the effects of stormwater after it passes through filters made of compost and soil materials, such as what is used in rain gardens. The filters are working, even though the most dangerous pollutants remain unidentified. Photo by Meegan M. Reid
Jenifer McIntyre of the Washington Stormwater Center studies the effects of stormwater after it passes through filters made of compost and soil materials, such as what is used in rain gardens. The filters are working, even though the most dangerous pollutants remain unidentified. / Kitsap Sun photo by Meegan M. Reid

The latest stories, which ran Sunday and Monday, addressed freshwater quality. The opening piece looked at the huge amounts of pollution coming into our streams via stormwater — one of the highest priorities for cleanup, yet one of the most difficult to deal with.

As the Puget Sound Partnership’s executive director Sheida Sahandy told me, industrial discharges are still a concern, but they are no longer the biggest problem.

“Now we’re dealing with stormwater, which is trickling in here and trickling in there, and everybody has a finger in it,” she said.

Solutions are many, and the goal should be to shut off pollution at the source, beginning with removing dangerous chemicals from everyday products. Since the sources of pollution are numerous, everyone needs to play a part — from cleaning up pet wastes to properly using of household chemicals to reducing the use of lawn and garden pesticides. (Those who don’t subscribe to the Kitsap Sun may still find value in the graphics on the Freshwater Quality page.)

I led off the first story by showing the increased efforts by city and county governments to better manage their stormwater systems, such as pumping out their catch basins, sweeping their streets and converting outdated stormwater ponds into filtration systems, commonly known as “rain gardens.”

I also introduced readers to the Washington Stormwater Center, a research facility in Puyallup where scientists are testing the effectiveness of rain gardens and pervious pavement. Jenifer McIntyre, a Washington State University researcher, has demonstrated that stormwater from highway runoff is 100 percent effective at killing adult coho salmon. Yet that same stormwater filtered through soil — such as in a rain garden — is cleaned up enough that fish can survive, apparently unaffected.

Monday’s story addressed the increasing use of benthic invertebrates — water bugs — to measure the health of streams. The bugs are doing double duty, since they are both a measurement of stream quality and a critical part of the food web for the freshwater ecosystem.

Some 27 local governments and organizations are involved in collecting data on benthic invertebrates from about 850 stream locations throughout Puget Sound. For results, check out Puget Sound Stream Benthos.

When I began this project on freshwater quality several weeks ago, I thought it was going to be easier than some of the other story packages I have done, such as on fish, birds and marine mammals. If anything, this issue is more complex. I’ll admit that I’ve neglected this blog while pursuing these issues, and soon I will be moving into the issue of freshwater quantity.

Overall, I must say that I’ve been impressed by the many people dedicated to finding answers to the mysterious problems brought on by pollution and by those finding solutions even before the questions are fully identified.

Streamlined name is simple: ‘Clean Water Kitsap’

I can’t begin to estimate the number of times I’ve typed “Kitsap County Surface and Stormwater Management Program” over the past 20 years in stories about pollution in Kitsap County and the need to clean up local waterways.

Kitsap County Commissioner Linda Streissguth, left, along with Commissioner Rob Gelder and water quality manager Mindy Fohn reveal the new name on a truck used to clean out storm drains. Photo courtesy of Kitsap County
Kitsap County Commissioner Linda Streissguth, left, along with Commissioner Rob Gelder and water-quality manager Mindy Fohn reveal the new name on a truck used to clean out storm drains. / Photo courtesy of Kitsap County

But my typing fingers are already offering thanks for a new, shorter name, which will no doubt save some ink as well.

We won’t be talking about the “swim program” anymore when trying to pronounce the abbreviation, SSWM. I hope we won’t need any abbreviation for the new name, which is “Clean Water Kitsap.”

“Clean Water Kitsap” nicely wraps up the goals and image of the long-running program with just three words. It’s a good name with an up-to-date style.

This is the program that collects stormwater fees from properties in unincorporated Kitsap County and uses the money to track down pollution, reduce stormwater and help people do the right thing. The spirit of the program is captured in a new video you can see on this page.

Four agencies receive portions of the stormwater money and coordinate their efforts to clean up our local waters. Here is a short summary of what they do:

Kitsap County Public Works (Stormwater Program): Maintenance of public stormwater systems, inspection of private systems, upgrades to regional systems, street sweeping, watershed monitoring and public education.

Kitsap Public Health District: Countywide monitoring of streams, lakes and bays; pollution identification and correction programs; pollution advisories; public-health investigations; and septic system education.

Kitsap Conservation District: Farm-management assistance and planning; rain garden and green infrastructure grants and assistance; and backyard habitat grants.

WSU Kitsap Extension: Training for stream stewards, beach watchers and rain garden professionals; and coordination of various volunteer projects.

I wrote about the newly approved name Clean Water Kitsap in November (Kitsap Sun, Nov. 29, 2013, subscription), when officials began planning on how they would roll out the new name and logo. Some people wanted to start using the name right away, but organizers kept a lid on it.

logo

As of today, the new name is official and will be used with a new logo. A new website is coming.

I wrote a brief story for tomorrow’s newspaper (Kitsap Sun, May 22), but I could not attend today’s dedication because of other reporting commitments.

From a news release from the county, we get these quotes:

Kitsap County Commissioner Linda Streissguth:
“It seems fitting that we are making this change in 2014, at the 20-year mark of this innovative and nationally-recognized program. It is built upon partnerships between agencies, volunteers and community groups.”

Kitsap County Commissioner Rob Gelder:
“Our community may not know what their stormwater fees pay for or think about stormwater management every day. But, Kitsap residents benefit every day – rain or shine.”

The site of the dedication was an overhauled stormwater pond north of Silverdale. The pond, with 2,000 young plants, will increase stormwater storage by 20 percent and provide habitat for birds and other wildlife.

Chris May, manager of the county’s Stormwater Program, speaking of the revamped pond :
“Thanks to the Public Works crews for transforming this ‘water prison’ to a water quality improvement project for Clear Creek and a community amenity. As we move to greener stormwater solutions, it’s facilities like this that will help restore our streams and Puget Sound.”

County Commissioner Rob Gelder joins the planting effort at a stormwater pond at Quail Hollow north of Silverdale. Photo courtesy of Kitsap County
County Commissioner Rob Gelder joins the planting effort at a stormwater pond at Quail Hollow north of Silverdale. / Photo courtesy of Kitsap County

EPA asserts protections under Clean Water Act

Connections among streams, wetlands, rivers and lakes are at the heart of a new rule proposed today to clarify the intent of the federal Clean Water Act and to spell out the authority of federal agencies.

Specifically, the rule proposed jointly by the U.S Environmental Protection Agency and Army Corps of Engineers calls for protecting most natural water features under the Clean Water Act. The rule embodies the notion that small tributaries and wetlands are likely connected to larger tributaries, rivers, wetlands and natural channels, even though they may not always appear connected.

The proposed rule is designed to reconcile scientific understanding of hydraulic connections with two U.S. Supreme Court rulings, which hold that federal jurisdiction applies only to permanent water features and their connecting waters. In the 2006 decision “Raponos v. United States” (PDF 535 kb), the court was highly critical of the Army Corps of Engineers for its effort to squeeze a wide variety of waterways under the definition of “waters of the United States”:

“In applying the definition to ‘ephemeral streams,’ ‘wet meadows,’ storm sewers and culverts, ‘directional sheet flow during storm events,’ drain tiles, man-made drainage ditches, and dry arroyos in the middle of the desert, the Corps has stretched the term ‘waters of the United States’ beyond parody. The plain language of the statute simply does not authorize this ‘land is waters’ approach to federal jurisdiction….

“In sum, on its only plausible interpretation, the phrase ‘the waters of the United States’ includes only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic features’ that are described in ordinary parlance as ‘streams, oceans, rivers [and] lakes.’ See ‘Webster’s Second.’ The phrase does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall.”

The Supreme Court ruling has caused confusion, especially in situations where hydraulic connections were not obvious and could be questioned by property owners who wished to avoid federal regulators.

A scientific report was requisitioned by the EPA to fill the gap created by the court. Some findings from the report “Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence” (PDF 11.3 mb):

“All tributary streams, including perennial, intermittent, and ephemeral streams, are physically, chemically, and biologically connected to downstream rivers via channels and associated alluvial deposits where water and other materials are concentrated, mixed, transformed, and transported…

“Wetlands and open-waters in landscape settings that have bidirectional hydrologic exchanges with streams or rivers … are physically, chemically, and biologically connected with rivers via the export of channel-forming sediment and woody debris, temporary storage of local groundwater that supports base flow in rivers, and transport of stored organic matter.”

In the Puget Sound region, the connections among waterways are fairly obvious. In more arid states, however, the connections may occur only during rainy periods, if then.

In a press release, EPA Administrator Gina McCarthy said the proposed rule fits the Supreme Court’s narrower reading of the Clean Water Act while maintaining the historical coverage of the federal agencies:

“We are clarifying protection for the upstream waters that are absolutely vital to downstream communities. Clean water is essential to every single American, from families who rely on safe places to swim and healthy fish to eat, to farmers who need abundant and reliable sources of water to grow their crops, to hunters and fishermen who depend on healthy waters for recreation and their work, and to businesses that need a steady supply of water for operations.”


Jo-Ellen Darcy, assistant secretary of the Army for civil works, added:

“Today’s rulemaking will better protect our aquatic resources, by strengthening the consistency, predictability, and transparency of our jurisdictional determinations. The rule’s clarifications will result in a better public service nationwide.”

Specifically, the proposed rule clarifies that under the Clean Water Act:

  • Most seasonal and rain dependent streams are protected.

  • Wetlands near rivers and streams are protected.

  • Other types of waters with more uncertain connections to downstream water will be evaluated through a case specific analysis of whether the connection is or is not protecting similarly situated waters.
  • Agricultural exclusions are retained, and agencies have identified 53 conservation practices that will be considered exempt from Corps permits.

EPA’s webpage: Waters of the United States

Environmental groups were thrilled that the Obama administration stepped up to protect waterways where state laws are not as strong.

Stated Trip Van Noppen, president of Earthjustice:

“The EPA’s new Clean Water Act rule finally restores protections so that we can begin the hard work of cleaning up our waters for our children to swim in, fish in, and drink from.

“No doubt, polluters will rail and lobby against this rule and any other clean water safeguards that keep them from dumping their toxic waste in our communities and waters, or that hold them accountable for their pollution.”

“We cannot back down on protecting the waters that eventually flow through our faucets. Our children, our health, and our very drinking water are at stake. We urge the Obama administration to resist the polluter lobbies and quickly move forward in protecting our waterways and our families.”

Not everyone was thrilled with the new rule. Colorado Gov. John Hickenlooper and Nevada Gov. Brian Sandoval of the Western Governors Association wrote a letter to McCarthy and Darcy complaining that state officials have been left out of the conversation, despite state authority to regulate water use.

In a March 10 letter, Phillip Ward of the Western States Water Council urged agency officials to delay publication of the proposed rule until EPA’s connectivity report undergoes peer review:

“EPA has indicated that its draft connectivity report will serve to inform the final rule on CWA jurisdiction. However, the draft rule’s submission to the Office of Management and Budget (OMB) before the finalization of the connectivity report raises concerns that the final report will have little or no influence on the final rule….

“Additionally, many western states have submitted individual comments for the EPA’s Science Advisory Board (SAB) to consider in its review of the draft connectivity report. EPA should carefully evaluate the SAB’s consideration of these comments and any subsequent recommendations from the final report.”

Kevin Kelly, president of the National Association of Homebuilders said the promise of clarification has brought a greater regulatory burden:

“EPA was told to make changes to the rule so that everyone understands exactly when a builder needs a federal wetlands permit before turning the first shovel of dirt. Instead, EPA has added just about everything into its jurisdiction by expanding the definition of a ‘tributary’ — even ditches and manmade canals, or any other feature that a regulator determines to have a bed, bank and high-water mark.”

Comments from others in favor of the proposed rule:
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