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-Signs, Portents, and the Weather-
Congress Moves To Seize Control Of All Water In United States
2009-10-14
Having been slapped down by the U. S. Supreme Court's two recent decisions 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 2009 (No House Number - S 787 In Senate) 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, sandflats, 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."
But of course since the vast majority of US laws *and* the vast majority of the federal budget are not authorized under the Constitution, Congress accepts no such limitations any more.
Posted by:Anonymoose

#13  plenty. Detention on private property and inland counties with no connection to teh oceans, bays, tributaries, et al. This is a power grab that has been going on for the 25 yrs I've been working on the project mgmt or construction end. Bad idea. I've dealt with some good peeps at USF&WS, ArmyCorps, and RWQCB. They are the minority. This just hands an anti-development stick to rabid ecofools
Posted by: Frank G   2009-10-14 22:22  

#12  "navigable waters" covers most of the waters anyway. And the wetlands laws and regs already cover them. Not sure what would be covered that isn't already.
Posted by: Chuck Simmins   2009-10-14 22:17  

#11  NE Donks with "old money"
Posted by: Frank G   2009-10-14 21:21  

#10  "liberal Republicans"?
Posted by: gromky   2009-10-14 21:17  

#9  Lest we fergit, WMF > VARIOUS > TO DEFEAT THE USN AIRCRAFT CARRIER, CHINA SHOULD CONTROL THE HAWAIIAN ISLANDS [PACOAS/Pacific Ocean Areas > AMAP + ASAP + AFAP + ATAP].

Also lest we fergit, DITTO PLUS 1/2-OR-MORE OF CONUS-NORAM ["living space"].
Posted by: JosephMendiola   2009-10-14 19:56  

#8  OTOH DRUDGEREPORT > RUSSIA/PUTIN: "PREEMPTIVE NUKES"; + PRAVDA > RUSSIA OFFICIALLY DECLARES RIGHT TO NUKE POTENTIAL AGGRESSORS [includ to DEFEND ITS ALLIES].

ARTIC > HILLARY INTERVIEW > the US presently resort to a NUCLEAR FIRST STRIKE [Unilateral = "Preeemptive"] under its own Mil Guidelines.

E.G. > IOW, even iff FDR knew beforehand that JAPAN was de facto sending its IJN planes to bomb PEARL HARBOR in surprise attack, UNDER CURR US LAW FDR + ADMIRAL KIMMEL, etc, had to allow FUCHIDA'S boyz to strike and sink the US Fleet anyways.

TO BE FOLLOWED AFTER BY A STRONGLY WORDED LETTER TO TOKYO OF YOU-BETCHA-BOY SHOCK, HORROR, DISGUST, REVENGE, ETC. thereby proving that FDR = USGovt-Pols knew nothing, D *** NG IT NOTHING THEY TELLZ YA, about the attack [ala SGT "I KNOW, ETC. NOTHIN" SCHULTZ]???
Posted by: JosephMendiola   2009-10-14 19:50  

#7  Wehell, the OWG-NWO, USSA = USRoAmerika, that "officially" doesn't exist and no mainstream American = Amerikan formally voted for [andor against], must be funded,

E.G > IIRC NEW PROPOSED LEGISLATION TO TAX US CAR OWNERS EVERY MILE THEY DRIVE OVER THE SPEED LIMIT, FUEL EFFICIENCY LIMITS, ETC.

But I digress ....
Posted by: JosephMendiola   2009-10-14 19:37  

#6  The Rain Control Act of 2009.
Posted by: Halliburton - Mysterious Conspiracy Division   2009-10-14 17:20  

#5  What about the Great Lakes and other bodies of water that are shared with adjacent countries? Maybe we should all send a bottle of pee to Congress as a message from the electorate.
Posted by: JohnQC   2009-10-14 16:01  

#4  This definition is already included in the Code of Federal Regulations (33 CFR PART 328) which reads in part:
For the purpose of this regulation these terms are defined as follows:
(a) The term waters of the United States means
(1) All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;
(2) All interstate waters including interstate wetlands;
(3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters:
(i) Which are or could be used by interstate or foreign travelers for recreational or other purposes; or
(ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
(iii) Which are used or could be used for industrial purpose by industries in interstate commerce;
(4) All impoundments of waters otherwise defined as waters of the United States under the definition;
(5) Tributaries of waters identified in paragraphs (a) (1) through (4) of this section;
(6) The territorial seas;
(7) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) (1) through (6) of this section.
(8) Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other Federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA.
Posted by: Spot   2009-10-14 15:45  

#3  Congress accepts no such limitations any more.

So, they're following the Judiciary and Bureaucracy in their behavior.

Call it the Beltway Disease(c). [Swine Flu is already taken.]
Posted by: Procopius2k   2009-10-14 15:28  

#2  So.. now every time I pee.....
Posted by: CrazyFool   2009-10-14 14:41  

#1  What about transient puddles? Will there be a Rainfall Czar?
Posted by: mojo   2009-10-14 14:07  

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