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SCOTUS ruling prompts proposal to update MO’s state water definition

Companion bills have been introduced in the Missouri Legislature to modify how waters of the state is defined.

State Senator Rusty Black is a sponsor of the bill. 

“It’s important for us as we make our decisions on our farms and land to make sure we know what places we need to go to get permitting and that’s what I’m trying to clarify with this language,” says Black.

He says the bill narrows the “waters of the state” definition to better align with the U.S. Supreme Court’s ruling on the Waters of the United States rule in Sackett vs. EPA, basically eliminating the gray areas.

“Would this pond on my farm in Caldwell County be part of the waters of the state or not? In the updated definition we talk about relatively permanent, standing and continuously flowing waters in our state.”

Black says the U.S. Supreme Court’s decision took a lot of regulatory authority away from the federal agencies and gave the authority back to individual states.

Representative Dean Van Schoiack, the sponsor of the House’s version of the bill, tells Brownfield the definition might be subject to change.

“Depending on the testimony in the committee and what the parties agree on after that testimony, if it needs tweaked, we’ll do that.”

Van Schoiack says the bill is expected to originate in the House’s Ag Policy Committee. Black says the senate’s version of the bill hasn’t been assigned to committee yet.