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4 <br />Clean Water For All: <br />County Leaders Speak Out for Clean Water <br />Introduction <br />Most county officials know that we all need clean water and healthy watersheds to ensure clean and <br />safe drinking water supplies and outdoor recreation, and to protect bridges, roads, hospitals, <br />treatment plants, and other critical infrastructure. As county officials, we are on the front lines in <br />protecting the health, safety, and welfare of our citizens, but we need help to address water pollution <br />issues in our local area. Water flows downhill and across county and state lines. Counties need <br />support from coordinated state and federal water quality programs to ensure that communities and <br />industries upstream and downstream are working together, enforcing uniform water quality <br />standards to keep the nation's waters clean and healthy for all. <br />This report tells the local stories of water pollution and destruction and the resulting harm and <br />In 1972, Congress passed the Clean Water Act "[t]o restore and maintain the chemical, physical, and <br />biological integrity of the nation's waters." Congress understood that to achieve this goal it must <br />broadly protect from pollution even the many small streams and wetlands that store and filter water <br />and sediment upstream before sending waters downstream to larger, more permanently flowing, <br />more typically "navigable" waters. Congress understood that it must prevent pollution at its source. <br />Congress defined "navigable waters" in the Clean Water Act broadly as "waters of the United States." <br />In 1977, on the Senate floor, Tennessee Senator Howard Baker reinforced the fundamental <br />importance of Clean Water Act protections for waters large and small: <br />"It is important to understand that toxic substances threaten the aquatic <br />environment when discharged into small streams or into major waterways. Similarly, <br />pollutants are available to degrade water and attendant biota when discharged in <br />marshes and swamps.... Continuation of the comprehensive coverage of this <br />program is essential for the protection of the aquatic environment. The once <br />seemingly separable types of aquatic systems are, we now know, interrelated and <br />interdependent. We cannot expect to preserve the remaining qualities of our water <br />resources without providing appropriate protection for the entire resource." <br />For nearly 30 years, Clean Water Act regulations provided relative certainty that virtually all natural <br />surface waters were "waters of the United States" and therefore subject to the Clean Water Act. <br />Then, in 2001, in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers <br />(SWANCC), and again in 2006 in Rapanos v. United States, a sharply divided Supreme Court gave <br />new weight to the term "navigable" and questioned Clean Water Act protections extending to "waters <br />of the United States" beyond the more permanently flowing, traditionally "navigable" rivers and their <br />immediately adjacent streams and wetlands. <br />expense to communities. These stories remind us that to protect our local water supplies, property, <br />- ..-;., infrastructure, and economies, we must look upstream to the many miles of trickling headwater and <br />intermittently flowing streams and acres of wetlands that do most of the real work of storing and <br />Great Fgret cleansing our waters. AS these stories show us, we disregard at our peril these "non-navigable" <br />PhotoCrediC Dave workhorses of our watersheds. Unless we restore our commitmentto their protection, their pollution <br />Menke, usFws and destruction over time will leave us with very costly reparations -and in some cases irreversible <br />harm to our water resources. <br />1 Clean Water For All: County Leaders Speak Out for Clean Water <br />