2014-024-Opposing the United States Environmental Protection Agency (USEPA) and the United States Army Corp of Engineer (USACE) proposed new rule to define “Waters of the United States”; Making other findings and provisions related to the subject; and pro

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RESOLUTION 2014 -024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS OPPOSING THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) AND THE UNITED STATES ARMY CORP OF ENGINEERS (USACE) PROPOSED NEW RULE TO DEFINE "WATERS OF THE UNITED STATES "; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Environmental Protection Agency (USEPA) and the United States Army Corp of Engineers (USACE) have proposed a new rule to define "waters of the United States" that will vastly expand the jurisdictional authority of the federal Clean Water Act; and WHEREAS, USEPA and USACE have chosen to selectively interpret various Supreme Court decisions related to the jurisdictional authority of the Clean Water Act (CWA) in order to develop a new Guidance which expands their own jurisdictional authority under the CWA to include waters of the state(s) and other waters previously not regulated under either the CWA or judicial proclamation, including some ditches, farm ponds, dry water ways and isolated wetlands; and WHEREAS, the proposed rule, if adopted will infringe upon the sovereignty of state(s) to appropriately regulate waters of the state(s); and WHEREAS, the proposed rule, if adopted would require Counties and special districts to obtain costly and burdensome Section 404 Permits from the USACE for the construction of small bridges and culverts, and routine maintenance of some ditches, canals, and other such water conveyances; and WHEREAS, the proposed rule if adopted would infringe on private property rights, impairing land management activities such as urban development and agriculture production; and WHEREAS, legislation to expand the jurisdictional authority of the CWA as described in the proposed rule has failed in the U.S. Senate; and WHEREAS, the USEPA and USACE have been criticized by both the U.S. Senate and the U.S. House of Representatives for enacting expansive rules without congressional oversight; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS THAT: SECTION 1. The findings set out in the preamble to this resolution are hereby in all things approved. SECTION 2. That the City of Paris, Texas strongly opposes the proposed new rule to define "waters of the United States" in that it increases the need for burdensome and costly permitting requirements, infringes on private property rights, and circumvents the legislative process, thus, the will of the people.