ASK OUR SENATORS TO HELP PASS THE CLEAN WATER RESTORATION ACT!
The Clean Water Act has been in place since 1972. It is the basis of all water quality programs in the United States. The act applies to navigable waters, defined as waters of the United States.
Two recent Supreme Court cases have severely reduced the ability of the CWA to protect our waters and created confusion as to what waters are still protected. The Clean Water Restoration Act (CWRA) would simply restore the Clean Water Act to its original scope. It does not expand the original provisions of the act.
Colorado's Senators - Mark Udall and Michael Bennet - opposed the Clean Water Restoration Act as introduced; their stated concerns were addressed in the Senate Environment and Public Works amendments to the bill - but our Senators remain on the fence on this issue. A parallel bill will also be introduced in the House this year, and Colorado representatives need to hear from their constituents that protecting water quality and wetlands are vital issues.
COLORADO STREAMS AND WETLANDS ARE AT RISK
· An estimated 75% of Colorado’s waterways are intermittent and would not meet the new, court created, definition of “navigable” and therefore would not be subject to any of the basic water quality protections of the Clean Water Act. (The Corps’ website listed only a sliver of Navajo Reservoir and the 39 miles of the Colorado River below Grand Junction as “navigable”) If we are unable to protect the water quality of the small streams that feed the larger waterways downstream, we cannot protect those larger streams either.
· The rules issued after the 2006 case are a major step backwards. Region 8 EPA acknowledges that we have literally hundreds of Oil Pollution Act cases languishing in EPA’s ‘no further action’ file and there is a long list of violations on which EPA simply elected not to take cases, based on the new agency guidance.
CONGRESS MUST ACT
· In the 2006 decision, the only thing that 5 justices agreed on was that the lower court had to do it over but they did not agree on how that was to be done. What is “navigable”? No one really knows what the law is now, and the cases that have been litigated are inconsistent in their findings.
· Without Congressional action there certainly will be extensive administrative and legal conflict as the exact parameters of what are or are not “waters of the United States” are argued and re-argued. The decline in pollution protections will continue. Once polluted, recovery may be impossible. You simply cannot “unring” a bell.
AMENDMENTS ADDRESS CRITICS CONCERNS
· Opponents of the act believed that the language greatly expanded the act. That was not the intent, nor does TU believe that would have been the result of the bill as introduced. Nevertheless, to assuage the concerns of the opposition, the Senate Environment and Public Works Committee amended the bill to simply and explicitly restore the Clean Water Act to its original scope- before the 2001 and 2006 decisions.
YOU CAN MAKE A DIFFERENCE
By calling or writing your Senators and Representative, you can help build the base of support needed to get the Clean Water Restoration Act passed by Congress - and return the full protections of the Clean Water Act to Colorado's streams and wetlands. Some tips on making your voice as powerful as possible:
- When you write or call your representative and senators do not identify yourself as a member of TU. Write just as a constituent. (Both CTU and National TU have sent formal letters, made calls, and visited with the Colorado delegation, but constituent contact is more important. We can talk to them. You can vote for them.)
- Put the information in your own words. The information provided above offer a few notes to help out. Use specific local examples if possible.
- Be pleasant and courteous - your goal is to inform and influence, not to debate.
Below is listed the contact formation for Senators Udall and Bennet, and for Colorado's seven members of the House of Representatives. You can call to voice your concerns, or go to their “contact” website (provided for all members of Congress) and send an email. Just fill in your name and type up your comments. You can also send a letter by US Mail - but direct it to their Colorado offices, as letters sent to Congress in DC can be held up by lengthy security screenings.
Thanks! Together, we can make a difference!
Contact information
Senator Mark Udall
Denver Office Phone 303-650-7820
999 18th Street, North Tower, Suite 1525, Denver, Co 80202
D.C. office: toll free number 877-768-3255
Or submit electronic comments via Senator Udall’s website (click here).
Senator Michael F. Bennet
Denver Office Phone: 303-455-9866
2300 15th Street, Suite 456, Denver Co 80202
D.C. Office: Phone 202-224-5852
Or submit electronic comments via Senator Bennet's website (click here).
House of Representatives
1st District: The Honorable Diana DeGette (303) 844-4988 (Denver) or (202) 225-4431 (Washington); or comment online
2nd District: The Honorable Jared Polis (303) 287-4159 (Thornton), (303) 484-9596 (Boulder), (970) 668-3240 (Frisco), or (202) 225-2161 (Washington); or comment online
3rd District: The Honorable John Salazar 970-245-7107 (Grand Junction), 970-259-1012 (Durango), 719-587-5105 (Alamosa), 719-543-8200 (Pueblo) or 202-225-4761 (Washington); or comment online
4th District: The Honorable Betsty Markey (970) 221-7110 (Ft Collins), (970) 351-6007 (Greeley), (970) 522-0203 (Sterling), (719) 931-4003 (Lamar), or (202) 225-4676 (Washington); or comment online
5th District: The Honorable Doug Lamborn (719) 520-0055 (Colorado Springs), (202) 225-4422 (Washington), or comment online
6th District: The Honorable Mike Coffman (720) 283-9772 (Lone Tree), or 202-225-7882 (Washington), or comment online
7th District: The Honorable Ed Perlmutter (303) 274-7944 (Lakewood), or (202) 225-2645 (Washington), or comment online