The U.S. Senate Environment and Public Works Committee passed S. 787, the Clean Water Restoration Act (CWRA) of 2009 out of committee two weeks ago. Currently, there is no clear plan on when or if the CWRA will go to the full U.S. Senate for a vote. Senator Crapo (R-Idaho) has placed a hold on the bill, which means supporters will have to convince 60 U.S. Senators to vote in favor of the bill in order to release the hold.
If passed into law, the CWRA would expand federal authority by removing the word "navigable" from the current Clean Water Act definition of waters of the U.S. The new definition would expand the Environmental Protection Agency (EPA) and the Army Corps of Engineers regulatory control over all wet areas within a state including stock tanks, drainage ditches, ponds, small and intermittent streams, creek beds, playa lakes and mud holes.
It has been said "Whiskey is for drinking and water is for fightin." In Texas, water is our most valuable resource, and has become increasingly scarce with our State's population explosion. Naturally, ownership, control and use of water carry tremendous legal and financial implications. Meanwhile, multiple layers of governmental regulation have made acquisition, development, use, marketing, and transmission of water in Texas increasingly complex. This site contains the musings of a water lawyer.
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