Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017

Floor Speech

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Mr. GOSAR. Mr. Chair, I rise to offer a simple amendment that will protect private water rights and prohibit the EPA's attempt to expand Clean Water Act regulation beyond what Congress has intended.

This amendment prohibits the use of funds to carry out the draft EPA- USGS technical report, entitled, ``Protecting Aquatic Life from Effects of Hydrologic Alteration,'' which is agency guidance that aims to expand the scope of the Clean Water Act and Federal control over waters currently under the jurisdiction of States.

A March 1, 2016, Scientific Investigations Report from the Environmental Protection Agency argues that the Clean Water Act gives the EPA the authority to regulate not just the quality of waters of the U.S. but also the quantity, or amount, of water in the Nation's river and water systems.

The management of water rights and allocation quantities from all natural streams, lakes, and other collections is an authority that is enshrined in State constitutions and compacts across the West--legal protections that are explicitly designed to exclude interference from the Federal Government. Under the expanded scope of the authority, the EPA suggests in their report that the Federal Government could require an individual private water owner or a local municipality to obtain a Federal permit any time it alters the amount of water available in streams or other water systems.

In their comments on the draft report, the Family Farm Alliance stated, ``The report relies heavily on concepts rather than real science'' and that the legal strategies advocated in the report ``could embolden some regulators and special interest groups to seek flow requirements on water projects, even if doing so has no support in Federal or State law.''

Unfortunately, this is par for the course for the Obama administration to push an economically disastrous agenda at the expense of science, the rule of law, and basic common sense.

In their statement endorsing my amendment, Americans for Tax Reform explained, ``American citizens cannot afford more economic hurdles and the commandeering of State powers over precious water supplies from an overzealous, unaccountable Federal Government. States, local governments, and private water rights holders should not be subjected to such costly and burdensome Federal overreach.''

In addition, the Family Farm Alliance, the Americans for Tax Reform, and dozens of national, regional, and local organizations have endorsed my amendment to rein in this Federal overreach and have expressed serious concerns regarding the EPA's dubious report.

In their comments on the draft report, the U.S. Chamber of Commerce stated, ``The Chamber is concerned that the agencies will use these arguments to further expand Federal jurisdiction over land and water features without proper constitutional authority.''

The National Association of Conservation Districts echoed that very same sentiment, stating, ``NACD believes that the report attempts to expand the Clean Water Act beyond Congress' original intent.''

The American Petroleum Institute stated, ``The draft report constitutes rulemaking in the guise of guidance. The draft report is vague and ambiguous, and owing to these concerns, EPA and USGS should withdraw the draft report and not finalize it.''

In my home State, the Arizona Farm Bureau Federation stated, ``Not only is this Federal overreach, but it becomes a bureaucratic and logistical nightmare for individuals and businesses.''

I think the Mohave Livestock Association summed up the issue best when they stated, ``The last thing our producers need is another layer of costly and time-consuming permitting. The States understand water use in their respective ecological territories better than any centralized bureaucracy from Washington, D.C.''

I am honored that this amendment is supported by the American Farm Bureau Federation, Americans for Limited Government, the American Public Power Association, Americans for Tax Reform, the Council for Citizens Against Government Waste, the Family Farm Alliance, the National Association of Conservation Districts, the National Water Resources Association, and countless other organizations and individuals throughout the country.

My amendment prohibits the EPA from implementing, administering, or enforcing their misguided attempt to usurp States' rights and control the quantity of water used by individual owners and local municipalities. I ask my colleagues to support this amendment.

I thank the chairman and the ranking member for their good work on this bill.

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Mr. GOSAR. Mr. Chair, as I have said, it is well-established legal doctrine that the Constitution and the Clean Water Act strictly limit the Federal Government's authority to usurp State water rights and compacts.

I urge my colleagues to join me in protecting State authority, private property rights, and in reining in yet another EPA Federal overreach. I urge a ``yes'' vote on Gosar amendment No. 58.

I yield back the balance of my time.

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