PORTAGE, Ind. — Indiana farmers are rallying to try to defeat a measure they fear will mean greater federal oversight of agricultural land and higher food-producing costs nationwide.
Agricultural communities throughout the Hoosier state are urged to speak their minds before the public comment period on the U.S. EPA-proposed Waters of the U.S. rule expires Oct. 20.
"I think locals know best. The state knows best. We don’t need further federal regulation," said state Rep. Tom Dermody (R-La Porte).
The Indiana Farm Bureau (IFB) has conducted 12 meetings, the latest Oct. 1 at Portage in the northwestern part of the state. The purpose was to inform farmers about the proposal and urge them to contact decision-makers with their opinions while public comment is still accepted by the EPA.
Justin Schneider, senior policy advisor and counsel for IFB in Indianapolis, told 40 people in attendance the rule, if approved, could place more waterways like roadside drainage ditches under federal jurisdiction. That would mean having to get permits to clear plugged ditches and other drainage related work now carried out by farmers without federal intervention.
And, it could take days or even weeks to get a permit while flooded crops remain underwater from having to wait for federal approval on work now done almost immediately especially during emergencies, said Schneider.
Mark Wunderink of Lowell farms 2,500 acres on each side of the Kankakee River in Lake and Newton counties, where the proposed new regulations could heavily apply. He said less food and higher prices could result from crop being lost. There’s also a greater risk for loss of life and harm to commercial and residential properties from having to wait for a permit to fix a levy break or other major source of flooding.
Right now, Wunderink said people in farm communities know exactly where to go for manpower, bulldozers and other equipment to quickly start the repairs. "We operate on a real close level with farmers, neighbors and people who live in town," he explained.
Currently, federal regulations govern work in waterways that have a direct connection to another body of water or a direct impact on the flow of another body of water, to prevent the spread of contaminants from sources, like storm runoff. The proposal, though, could place more water sources such as roadside drainage ditches under federal control, from a broader definition of what constitutes a connection to another body of water.
Some ponds and areas of standing water in a field could be viewed as connected to another federally regulated waterway even if they are miles away under the guidelines currently proposed.
Schneider said most concerning is the uncertainly of the language in the measure, which could mean farmers having to get federal approval for even more routine jobs such as knocking down trees in fields where surface water collects, and even lawsuits against farmers if the work is done without knowledge that a permit was required.
"I think this is how that could play out," said Schneider, who added maintenance of drainage ditches is supposed to be exempt from federal regulation under the Clean Water Act. "Now, they seem to want to say you have a get a permit."
Critics say the incentive behind the proposal is to reduce the flow of nutrients into the Great Lakes without proof that ditches and other farm-related waters miles away from a tributary connected to a major waterway are contributors to pollution.
Officials with EPA and the Army Corps of Engineers disagree, claiming the proposed regulations are pointed toward streams and wetlands shown by science to have an impact on waters downstream. Ken Kopocis, deputy assistant administrator for Water at the EPA, also said the intent is to "protect clean water without getting in the way of farming and ranching.
"EPA is not interested in a final rule that will make farming more difficult. The agency’s job is to protect our natural resources so farmers can keep doing what they do best farming," Kopocis added.
People can also post comments on the IFB website at www.infarmbureau.org/ waterrule/index-3.html
Schneider acknowledged current laws governing waterways need improving, but what’s offered is a "bad solution" that will likely be amended to some degree before a final version goes before Congress for consideration.
EPA officials said public comment is part of the process a proposal follows before possibly becoming law, but no indications were given on when it will come up for a vote. Schneider said he believes a decision will come sometime before President Barack Obama leaves office in January 2017.
"This rule will do nothing about the nutrient issue," he opined.
