Austin attorney Bill Knolle speaks to a crowd of 300 about potential Environmental Protection Agency changes that could affect private lands. – Standard-Radio Post/Ken Esten Cooke
By Ken Esten Cooke
“The Texas Supreme Court said water is subject to regulation by somebody. But you sure better be concerned who that somebody is.”
Those were words of concern from Austin attorney Bill Knolle, who spoke at the Gillespie County Farm Bureau’s annual meeting Sunday.
Knolle addressed the 66th annual meeting of the Gillespie organization’s membership at the Farm Bureau Event Center on Equestrian Lane. He told the packed house — most of whom are landowners — there are two issues on which they should stay focused: state regulation and federal jurisdiction.
The Environmental Protection Agency is currently trying to redefine “waters of the United States,” historically thought of as navigable waterways, Knolle said. Some are trying to expand the definition in a way that could impose burdens on landowners, he said, but the Texas Farm Bureau, the Texas Wildlife Association and 60 other groups are opposed to the proposed changes.
Knolle said a definition change could impact Gillespie County farmers and ranchers by redefining “waters of the U.S.” to include almost any low area on a plot of land, decrease exemptions for fertilizer and pesticide use, yet increase the need for permits for simple projects such as a stock tank.
“We’re definitely thinking the federal rule is going to broaden the waters the EPA has jurisdiction over,” said Billy Howe, legislative director for the Texas Farm Bureau. “What that would mean is that your activities that disturb those waters would be regulated so that you would need a permit, like if you were to plow an area where water collects.”
“It also goes to the issue of applying pesticides and fertilizers because those have to be applied in a way that doesn’t affect ‘the waters of the United States,’” Howe said. “It will affect your ability to legally apply fertilizers like you’ve always done.”
Knolle said he himself has ranch land in Austin County, and the new regulations concern him about his small cattle and hay operation.
“I have a hay meadow with a low spot that could be affected,” he said. “Fortunately, the EPA is getting bi-partisan kickback on these regulations in Washington, D.C. If we don’t stop these now, there will definitely be litigation.”
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