Water Community Worries about Clean Water Suits

The Times-News, 2012-12-02

By Kimberlee Kruesi, The Times-News, Twin Falls, Idaho

Dec. 02--BOISE -- The Clean Water Act may exempt irrigators from filing a permit to send leftover water back into a canal. But that doesn't mean they're not facing increased scrutiny.

The warning was addressed by attorney Andy Walder to a packed audience at the Idaho Water Users Association meeting on Thursday. Walder explained that environmental groups are ramping up their activities under a citizen supervision section of the act.

The National Pollutant Discharge Elimination System permit applies to individuals discharging water in canals, ditches, or other water sources considered "waters of the U.S." Irrigators are exempted from applying for permits but only if their discharge is "entirely of" return flows from irrigated agriculture, Walder said.

The federal act uses the permits to protect U.S. water bodies from harmful pollutants.

"For decades, the (U.S. Environmental Protection Agency) looked the other way on making sure the 'entirely of' portion was enforced," Walder said. "But environmental groups are now filing suits to expose irrigator entities to litigation."

The increased citizen involvement is included in a provision in the Clean Water Act, which allows anyone to file a lawsuit against those they feel are in violation of the law.

If guilty, violators face cripplingly high fees. EPA fines peak as high as $37,000 per day for every day of noncompliance.

Walder urged irrigators to monitor their return flows in order to avoid a lawsuit.

"We are living in a time where you have to dot your i's and cross your t's," Walder said.

Along with the pollutant load permit, Walder said federal officials are also going after municipalities' compliance with their stormwater permits.

"We are very concerned," Walder said. "Enforcement is the mantra of the day, unfortunately."

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