ABILITY TO REGULATE SURFACE WATER

Officials: Surface water regulation up in air …
Has come in wake of ’06 U.S. high court ruling ……..
DICK KAMP is environmental liaison for Wick Communications Co., which owns the Herald/Review and is based in Sierra Vista. …….
Published on Sunday, June 01, 2008…

Gov. Janet Napolitano and the Arizona Department of Environmental Quality say they’re losing the ability to regulate surface water in the state. …At a May 19 ADEQ hearing in Tucson on designating Davidson Canyon as “Outstanding Arizona Water” — a designation that strengthens water quality protection — a Supreme Court decision raised questions of larger significance to Arizona and other Western states. ….The hearing also provided an opportunity for those in attendance to comment on the state’s proposed revisions to water quality regulation, which was of little concern to most who were present to overwhelmingly support protecting the canyon by giving it a higher surface water quality standard than other surface water bodies. …..Therefore, it came as a surprise to environmentalists in attendance when Pima County Deputy Attorney Harlan Agnew raised the question of the ability of ADEQ to regulate Davidson Canyon as an “ephemeral,” or non-continuous, body of water. Agnew asked the state to clarify how it could rule on Davidson Canyon and any water quality standard setting under the Clean Water Act Smith said. ….Arizona stands to lose jurisdiction over 96 percent of its waterways that don’t flow year round if Congress does not step in, ADEQ Water Quality Division Director Joan Card told Congress. …..Speaking at House and Senate hearings in April, Card described the issuance of permits to limit sewage, hard rock and uranium mining and other industrial discharges to waterways that ultimately feed into the Gila River drainage, Little Colorado River and, hence, into the Colorado River. …….“Many … facilities currently hold Clean Water Act point source permits for discharges of wastewater that are protective of aquatic life, agricultural irrigation, livestock watering, and body contact … without [CWA] protection, [ADEQ] will be unable to require permits that are protective of these uses,” Card said. “Arizona law prohibits [ADEQ] from being more stringent than the federal Clean Water Act. We will be unable to assure … that these discharges of wastewater in the desert are not harmful to the environment.” ……..“Arizona may find that using state or local regulations and laws to regulate pollution discharges and other Clean Water Act issues is politically complex,” Smith said.

I feel the need to disclose at the outset my bias as my own interaction with ADEQ and it’s processor over these past 30 years has been to be quite honest rather adversarial. So I find it difficult to garner any sympathy when it appears ADEQ regulatory power and prowess might be curtailed.

One might suggest my choice to find the quite possible curtailment of ADEQ authority to long term be detrimental to Arizona reflective of a choice to dance with the devil I know rather than becoming subjected to the whims of federal EPA bureaucrats beholding to and having an allegiance to who knows whom…?

Ms. Joan Card acting in her official capacity for ADEQ has always been the model of projecting the renowned arrogance of ADEQ summarily pontificating … “we make the rules and you abide by them, it’s that simple” …

My own personal ego wells up within me to suggest perhaps now ADEQ will know how it feels to be summarily dismissed as we the average citizens of Arizona have been whenever we have sought admission into those hallowed rooms wherein the rules, regulations surrounding all aspects of our water are concluded without granting to us our rightful and honored seat at the head of that table. How easy it would be for me to give into my own ego and choose a course knowingly leading to Arizona’s long term detriment.

Looking for a solution, here’s one for consideration…? Clearly the course of action to which we each should commit is to diligently and deliberately work towards maintaining local state control over ALL sources and forms of water in our State of Arizona. In that same breath, however, we – that’s you and me – should exercise collective choice and demand and accept nothing less than full open disclosure as well as the seat of prominence in any and all discussions on any aspect of our water. It’s OUR water it should be held for the COMMONS and it should NOT be controlled to our detriment by anyone private or public including our own state government.

As one reflects on this article’s tentacles might one speculate a “Trojan Horse” is what is seen…? It seems crystal clear all federal promulgated rules and regulations apply equally across the jurisdictions of all 50 states, not Arizona alone, exclusively. Am I to believe the sovereign states of California, Nevada, New Mexico, Utah, Colorado, Wyoming and Mexico, too, including Arizona, those in this instance comprising the – Compact of the River – Colorado River that is, will oblige, permit and allow “Uncle Sam” to have the final say on the disposition of all the water in their respective states….? I don’t know about you, but I certainly think not…?

Which leads me to ask, what’s the basis for this alleged usurping of state’s rights of the water arising in its respective states…? While you are under no obligation to agree with me, you might choose to read along and then should you choose take issue with me, I’m certainly open to that.

Who benefits most when control of all water rest solely with EPA…? Want to hazard a guess…? The “Trojan horse” I see fits perfectly into the plans promulgated by the worlds largest “for-profit” privately owned corporate water purveyors… i.e. Vivendi, Suez, Bethel, and Arizona-American’s giant owner as well … all with their tentacles deep into Arizona’s water interface. OK, you want to pass this off as just another conspiracy…? It’s really OK with me if you do, but consider this, should you choose to make the time and read you will find this is the pattern they have employed thorough the world as insidiously they usurp control over all sources of water. But, should you choose to only believe the “talking heads” on TV, Rupert Murdock owner of FOX TV and now the Wall Street Journal will willingly provide to you his distorted and equally biased slant.

What is the truth, I really do not know, though I see as yet no defined corporate outcry they oppose this reputed EPA “beltway” action. As reputed stalwarts of less government regulations and intervention why would private for-profit corporations willingly support a single universal power governing all sources of our water, save they already know who among them gets to own them and their profits to divide…? Yea, I know reeks as conspiracy in which you don’t believe.

The beauty of this is our attention been so controlled manipulated we only see now what “they” want us to. Besides I’ve so much on my mind, D/back games, who’s to be the new coach of the Suns, Sun Devils baseball, softball, too and don’t forget the daily increase in the cost of gas. Our eye has been off the ball so long we know not even where to look.