azwater.gov

Salt River.

Arizona has joined a dozen other states in suing the federal government over new rules to protect rivers and streams in the United States.

The "waters of the United States" rule was in the crosshairs from the moment the Environmental Protection Agency came out with it earlier this year.  The agency said the rule is a clarification of the Clean Water Act's jurisdiction over smaller waterways. Most Western states, as well as the agricultural industry, disagree, calling it federal overreach. That is why Arizona has signed onto a lawsuit — led by North Dakota — to kill the rule.

Arizona Attorney General Mark Brnovich said the rule will have a devestating impact on Arizona. 

“If you let a bully into your front yard, the next day he’s on your porch," said Brnovich. "This would be a great transfer of power to the Environmental Protection Agency and federal bureaucrats.”

Brnovich argued the rule will force private property owners to get a permit from the federal government before building even small things. But from the beginning, the EPA has tried to dispel these concerns, saying the rule only applies to streams or rivers that have a direct connection to major waterbodies and that is based on carefully chosen criteria, like a "bank and bed."

Ken Kopocis with the EPA said most of the ephemeral waterways in Arizona will remain outside that definition.   

“We’re actually anticipating the net result for ditches and irrigation etcetera is that they will not be affected by this; in the majority of instances, their status is that they are not covered by the Clean Water Act,” said Kopocis.

The Clean Water Act already has exemptions for agriculture.  

Twelve other states are part of the suit, including Nevada and New Mexico.