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Corps pulls study on Santa Cruz, congresswoman calls move 'confusing'
Dick Kamp/Wick communications
The Army Corps of Engineers has left protection of the Santa Cruz River basin from pollution uncertain, a move U.S. Rep. Gabrielle Giffords, D-Ariz., called unexpected and confusing. The Corps has removed a May 23 study from its Web site that declared two stretches of the Santa Cruz River "a traditional navigable waterway," which ensured protection under the federal Clean Water Act. The action has been taken "pending further review," upsetting Giffords.
The Corps designation that at least small craft could float the two sections of the river, and theoretically provide commercial recreation during three months of the year, was required as a result of a controversial 2006 Rapanos Supreme Court decision that left authority of the Clean Water Act in question throughout the country but particularly in the arid west.
By requiring a "significant nexus," or connection, to a navigable water of the United States, Rapanos has left Arizona and other Western states uncertain of their authority to regulate pollution in streambeds that do not have a perennial flow. Such requirements had not existed from 1975 until Rapanos.
The decision has required the Corps to carry out many studies in order to designate some streambeds navigable, and to issue permits where water courses may be blocked by developers, public works such as sewage plants, or mines.
Among many impacts, a Santa Cruz navigability designation possibly would require the proposed Augusta Resource Rosemont mine and other mines or developments to demonstrate they would not block flows in Davidson Canyon and other streambeds that enter the Santa Cruz north of the Roger Road Wastewater Plant, one of the two study areas. The other Santa Cruz section designated navigable was Tubac to Continental
On Wednesday, Giffords was informed the designation was "suspended" for review. She issued a statement Thursday saying, "I am deeply troubled about the decision to suspend the designation of certain stretches of the Santa Cruz River as a 'traditional navigable waterway.'
"This sudden and unexplained action is likely to have far-reaching consequences by limiting federal protections for intermittent rivers and streams across southern Arizona. It is my understanding that the Army Corps of Engineers completed a lengthy, thorough and scientific analysis which resulted in the designation of these stretches of river as traditionally navigable.
"I will immediately request that the Assistant Secretary of the Army provide a full and timely explanation of the factors that led to the suspension of the original designation. A decision of this magnitude by any federal official must be made in an open and transparent manner."
Gov. Janet Napolitano and the Arizona Department of Environmental Quality have testified in support of congressional bills that could restore authority to the Clean Water Act to regulate as comprehensively as the act did until an earlier 2001 Supreme Court decision began to weaken it. U.S. Rep. Raul Grijalva, D-Ariz., is a co-sponsor of the House legislation, and Giffords intends to introduce language to broaden support for the bill.
Mark Cohen, Los Angeles Corps District deputy chief of the regulatory division, was unable to explain what the headquarters "policy" review process entailed.
Pima County Public Works Director John Bernal said although he had some doubts about the strength of the review, he found the action "puzzling" and had contacted the Corps for guidance.
(Dick Kamp is the environmental liaison for Wick Communications. This report appeared in the Green Valley News.)
The Army Corps of Engineers has left protection of the Santa Cruz River basin from pollution uncertain, a move U.S. Rep. Gabrielle Giffords, D-Ariz., called unexpected and confusing. The Corps has removed a May 23 study from its Web site that declared two stretches of the Santa Cruz River "a traditional navigable waterway," which ensured protection under the federal Clean Water Act. The action has been taken "pending further review," upsetting Giffords.
The Corps designation that at least small craft could float the two sections of the river, and theoretically provide commercial recreation during three months of the year, was required as a result of a controversial 2006 Rapanos Supreme Court decision that left authority of the Clean Water Act in question throughout the country but particularly in the arid west.
By requiring a "significant nexus," or connection, to a navigable water of the United States, Rapanos has left Arizona and other Western states uncertain of their authority to regulate pollution in streambeds that do not have a perennial flow. Such requirements had not existed from 1975 until Rapanos.
The decision has required the Corps to carry out many studies in order to designate some streambeds navigable, and to issue permits where water courses may be blocked by developers, public works such as sewage plants, or mines.
Among many impacts, a Santa Cruz navigability designation possibly would require the proposed Augusta Resource Rosemont mine and other mines or developments to demonstrate they would not block flows in Davidson Canyon and other streambeds that enter the Santa Cruz north of the Roger Road Wastewater Plant, one of the two study areas. The other Santa Cruz section designated navigable was Tubac to Continental
On Wednesday, Giffords was informed the designation was "suspended" for review. She issued a statement Thursday saying, "I am deeply troubled about the decision to suspend the designation of certain stretches of the Santa Cruz River as a 'traditional navigable waterway.'
"This sudden and unexplained action is likely to have far-reaching consequences by limiting federal protections for intermittent rivers and streams across southern Arizona. It is my understanding that the Army Corps of Engineers completed a lengthy, thorough and scientific analysis which resulted in the designation of these stretches of river as traditionally navigable.
"I will immediately request that the Assistant Secretary of the Army provide a full and timely explanation of the factors that led to the suspension of the original designation. A decision of this magnitude by any federal official must be made in an open and transparent manner."
Gov. Janet Napolitano and the Arizona Department of Environmental Quality have testified in support of congressional bills that could restore authority to the Clean Water Act to regulate as comprehensively as the act did until an earlier 2001 Supreme Court decision began to weaken it. U.S. Rep. Raul Grijalva, D-Ariz., is a co-sponsor of the House legislation, and Giffords intends to introduce language to broaden support for the bill.
Mark Cohen, Los Angeles Corps District deputy chief of the regulatory division, was unable to explain what the headquarters "policy" review process entailed.
Pima County Public Works Director John Bernal said although he had some doubts about the strength of the review, he found the action "puzzling" and had contacted the Corps for guidance.
(Dick Kamp is the environmental liaison for Wick Communications. This report appeared in the Green Valley News.)
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