|
Resolution of the Menard County Underground Water District
Opposing HR 2421 and S. 1870
WHEREAS, H. R. 2421 and S. 1870 expand jurisdiction of the
Federal Clean Water Act ( 33 U.S.C. 1251 et. seq) to all waters of the United
States, including non-navigable streams, and surface water impoundments and
conveyances of groundwater, which are wholly intrastate and have not previously
been subject to federal regulation; and
WHEREAS, H. R. 2412 and S. 1870 also expand jurisdiction to
"all activities affecting these waters" (public or private) regardless of
whether the activity is occurring in water or whether the activity actually
adds a pollutant to the water; and
WHEREAS, such jurisdictional expansion is
unconstitutionally vague and overbroad; and
WHEREAS, such expansion of Federal regulatory jurisdiction
intrudes on and preempts jurisdiction over non-navigable intrastate waters
which has been expressly reserved to the States pursuant to Article X of the U.
S. Constitution and other federal acts which have recognized the supremacy of
state jurisdiction over intrastate waters; and
WHEREAS, such expansion of federal regulatory jurisdiction
will interfere with and disrupt statewide Texas water planning and management
which takes place pursuant to Chapters 16 and 36 of the Texas Water Code, thus
impairing critical water supply allocation schemes which have been in planning
for a decade or more; and
WHEREAS, such expansion of federal regulatory jurisdiction
will inevitably result in takings of vested interests in land and water;
and
WHEREAS, such expansion of federal regulatory authority
imposes a huge unfunded mandate on States and Texas groundwater conservation
districts by greatly increasing the extent of waters subject to water quality
standards;
NOW, THEREFORE, BE IT RESOLVED that the Menard County
Underground Water District unanimously opposes the passage of H.R. 2421 and S.
1879 and directs the manager of the District to send letters to the District's
U. S. Congressional Representatives and Senator attaching this Resolution and
requesting that they exert every effort to oppose the passage of said
bills;
SO ORDERED THIS _____ day of ________October,
2007.
_________________________________
BOARD
PRESIDENT
_________________________________
BOARD SECRETARY
______________________________
DIRECTOR
______________________________
DIRECTOR
______________________________
DIRECTOR
|