INDIANAPOLIS, Ind. — Indiana joined 10 other states last week in a lawsuit filed initially by Georgia’s attorney general in opposition to the U.S. EPA’s Waters of the U.S. (WOTUS) rule.

Published on June 29, the rule will allow the EPA to regulate bodies of water such as isolated ponds, ditches and small streams. Some members of the agricultural community say the rule is overreaching the regulatory limits of the agency, is arbitrary and would require many farmers to obtain expensive permits.

Greg Zoeller, Indiana’s attorney general, is especially concerned with the new reaches of control the EPA would have with the new rule.

“This would extend EPA in the areas where the states and local communities already enforce,” he said. “Frankly, I think the EPA’s rule almost assumes that our farming committee and the local governments in our states won’t do a good job of protecting our own land and water use.”

In a press release the National Farmers’ Union (NFU) put out right before the WOTUS rule was published, the organization said while the EPA made “genuine efforts in reaching out to agriculture stakeholders” in the rulemaking process, NFU isn’t satisfied with the final rule.

“We appreciate EPA’s work on the regional water features, but remain concerned about waters that cannot impact the quality of jurisdictional waters falling under jurisdiction, or that farmers will not have the regulatory certainty they need to address these waters appropriately,” said NFU President Roger Johnson.

Despite those concerns, the NFU also acknowledged there may be benefits to farmers under the new law, if it is adjusted.

“The final rule puts bright-line limits on jurisdiction over neighboring waters, offering farmers increased regulatory certainty and mitigating the risk of enforcement or litigation,” Johnson said. “The final rule also provides more clarity on which ditches fall under the Clean Water Act jurisdiction, removing a gray area that has caused farmers and ranchers an incredible amount of concern.”

Georgia Attorney General Sam Olens, who filed the initial complaint against the EPA, said the rule could affect farmers as well as homeowners. “The scope of the ‘Waters of the United States’ rule is breathtaking and will directly impact the everyday lives of Georgians, from farmers to homeowners,” he said.

Like Zoeller, Olens is concerned about the hike in prices farmers could face for using their land day-to-day. “This rule could have dire consequences for homeowners, farmers and other entities,” Olens said. “Failure to comply with this new regulatory scheme could result in fines of up to $37,500 a day.”

Zoeller also pointed out the time involved in obtaining a permit could hurt farmers financially.

“The real practical concern among farmers is that they are going to wait forever, practically, for a federal permit and pay tens of thousands of dollars for their regular use of land management and water runoff,” he said.

Success in this lawsuit, according to Zoeller, would be an adjustment in the federal government’s and EPA’s attitudes on state and federal jurisdictions.

“There are a number of problems here, but success to me would be to push back and have the EPA stay within their primary responsibility – that is, navigable waterways and those areas that lead directly into a waterway,” he said. “It’s the same way a highway is different than a state road or a gravel road. Those are all sustained locally; we don’t need the federal government’s help on this.”