let the war over water begin

Congress Moves To Seize Control Of All U.S. Waters From Bathtubs To Baptismal Fonts,
Issue: Having been slapped down by the U. S. Supreme Court’s recent decision that the words “navigable waters” in the Clean Water Act limited federal agencies to regulation of navigable waters only. Democrats and liberal Republicans in Congress are striking back.
They are attempting to pass the Clean Water Restoration Act of 2007 (HR2421 and S1870) that would amend the 1972 Clean Water Act and replace the words “navigable waters” with “waters of the United States.” Further, it defines …"waters of the United States" with such breathtaking scope that federal agencies would be required to regulate use of every square inch of the U.S., both public and private.
The proposed definition states: “The term ‘waters of the United States’ means all waters subject to ebb and flow of the tides, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes [a flat dried up area, esp. a desert basin…] natural ponds and all impoundment of the foregoing, to the fullest extent that these waters are subject to the legislative power of Congress under the Constitution.”

For yet another perspective, please connect to www.landrights.org which offers a different analysis.

On the face of it, this headline at first blush appears quite draconian. And there is from my perspective a substantive difference between “navigable waters” and “waters of the United States,” the latter being far broader in the scope it intends to encompass and in this case regulate.

However, when one looks from a practical perspective at water, one quickly discerns that all water is currently subject to rules, regulations and bulletins with interpretations initiating from US/EPA to State Environmental Heath divisions on to County Environmental Health and in turn down to city and municipals levels.

The current difference as I see it between “navigable waters” and “waters of the United States” might simply be one of perception value as clearly given the extraordinary control over funding stipulated by EPA, they already exercise power far beyond the initial limit of “navigable waters.” Analyze for yourself and I believe you will conclude in one form or another currently every square inch of US public and/or private ground is regulated as is the water on it or under it.

Our attachment to the belief that “Washington” has the answer to everything including all the water issues “we” face contributes to any resistance resonating from this proposed change in definition. I have absolutely no doubt even without this proposed change in definition all sources of water will be subjected to far more restrictions by all forms of government, local, county, state and federal. Our reluctance to embrace any change in definition reflects our emotional attachment to the “devil” we feel we know as opposed to the one we do not. We are inclined to believe “we” know the water “players” in our respective states, counties and locales. We loath that “we” will lose any connection with those who currently control our water when they are replaced by the multinational water giants who will then control and manipulate all water public and/or private in the USA.

It’s all part of a game, folks where the smaller fish continue to get eaten by the bigger ones, while these bigger ones are devoured by the giants. It’s happening right before your eyes, folks, just look at the threatening overtures SRP made to Prescott, Prescott Valley and Chino Valley. SRP can act with virtual impunity … walking softy and carrying a big stick … much in the fashion of Teddy Roosevelt, because it has the “backing” of those residing in “metro” Phoenix, who can from the safety of silence, refrain from taking any overt action, all the while clearly backing SRP’s action to “protect your water” …?

This game might change rather dramatically were this same water body to be under the direct control of the federal government, which may be inclined to offer this same water body to a multinational firm like Bechtel, or France's Suez and Vivendi Environment, and Thames, who have seized control over the water supplied to almost 300 million people in every continent.

It’s a game and we’re – that’s you and me – are selected to lose. It matters not how water is defined. It truly matters not who voices dominion over water. What matters is what “we” – that’s you and me – are wiling to permit our elected leaders to do with the water.

Let the water wars roll and the fun begin … !