From the Huffington Post (Val Wagner):
“Navigable waters.” According to the Internet, the accepted definition is: “deep and wide enough for boats and ships to travel on or through: capable of being navigated.”
Apparently that’s true for everyone… but the Environmental Protection Agency.
The new proposed ruling for the expanded Clean Water Act from the EPA is meant to clarify what is determined as “Waters of the U.S.” In essence, almost any place that water could collect could be subject to regulation and the permitting process.
The CWA was started in 1972 as a way to curb pollution into what was determined navigable water from a single source — without a federal permit.
Most people would probably be amazed at what all requires permission from someone else in order to simply do something… even on your own property. There are permits to build stuff, permits to take down stuff, permits to use water, permits to take away water — I’m sure there are probably even agencies that have permits in order for another agency to allow permits. The process is essentially the same. You apply, based on whatever rules and regulations have been drawn up. You explain why you should be allowed a permit to complete whatever action or build whatever structure you have planned. You present your application with the proper fee, determined by the regulatory board or by law, and you wait to hear back.
Here’s the catch: There is no legal right to be allowed a permit. That’s right, even if you dot your I’s and cross your T’s and pay the fees and fill out each form in triplicate and you state sound reasons as to why your permit should be granted and have science on your side, you may be turned down. Because we all know that decisions don’t always make sense.
More Environmental Protection Agency coverage here.