Dear Gladys,

Thank you for contacting my office regarding the Clean Water Restoration Act. It is an honor to represent the people of Eastern Washington and I appreciate you taking the time to share your thoughts with me.

In the last Congress, Representative James Oberstar introduced the Clean Water Restoration Act.  Specifically, it would amend the Federal Water Pollution Control Act to replace the term "navigable waters," with the term "waters of the United States," defined to mean all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate waters and their tributaries, to the fullest extent that these waters, or activities affecting them.

It is critical we reach an agreement on "navigable waters" with the many waterways located in the Pacific Northwest.  These waterways are a vital part of our economy, tourism, and transportation of goods.  I believe, however, the definition presented in this legislation is overreaching.  For example, ditches are everywhere and are routinely constructed, operated, maintained and managed at the local level for beneficial public uses including transportation, flood control, storm water management and agriculture purposes.  State and local regulations often require that ditches be maintained to protect property, public health and safety.  Calling such inherently local conveyances "waters of the United States" will not further the purposes of the Clean Water Act and will lead to the unnecessary application of lengthy and costly Clean Water Act requirements.  If federal regulations continue to be interpreted to extend Clean Water Act jurisdiction to every ditch in the country, then many routine local land use decisions may be subject to legal challenge and federal review and control. 

I support limiting the federal Clean Water Act authority to waterways used for transporting interstate and foreign commerce or that can be made navigable for these purposes with reasonable effort. As the Clean Water Act is debated in the 111th Congress, and should it come before me for a vote, I will certainly keep your thoughts and concerns in mind.

Thanks again for contacting me on this important issue. I invite you to visit my website at www.mcmorrisrodgers.house.gov for additional information or to sign up to be kept up to date on these issues. Please do not hesitate to contact my office if I can be of further assistance.