The Obama Administration announced Wednesday that after extensive input from the American public – the Environmental Protection Agency and U.S. Army Corps of Engineers is finalizing the Clean Water Rule to restore protection for the streams and wetlands that form the foundation of U.S. water resources without getting in the way of farming, ranching or forestry. President Obama says the rule will provide clarity and certainty businesses and industry need about which waters are protected by the Clean Water Act.

EPA Administrator Gina McCarthy says the rule will cover prairie potholes, ditches and other unique bodies if they meet the definition of a tributary – meaning they contribute to downstream water flow. McCarthy says there are no new permitting requirements – and all previous exemptions and exclusions will be maintained. She says the rule does not cover land use and does not regulate most ditches, groundwater or shallow subsurface flows. McCarthy says it also does not change policy on irrigation or water transfers.

House Ag Committee Chairman Mike Conaway and House Ag Conservation and Forestry Subcommittee Chairman Glenn Thompson say America’s farmers and ranchers deserve a government that will review and address their concerns. Conaway and Thompson say the process for this rule ignored them. The say Congress must enact the Regulatory Integrity Protection Act of 2015 – which would force EPA and the Corps to pull this regulation and do as they should have from the beginning – work with states and local stakeholders to develop a new, proper set of recommendations.

House Ag Committee Ranking Member Collin Peterson is disappointed – yet not surprised – that the EPA is moving forward with a rule that would increase confusion and red tape. The agriculture community expressed concern with the negative impacts of the rule – but Peterson says EPA wasn’t willing to listen or did not understand. Peterson is committed to working with his colleagues to explore options to ensure these regulations never go into effect.

The rule will take effect 60-days after publication – which occurred Wednesday morning at 10:30 a.m. Eastern.

“Farm Groups Respond;

The American Farm Bureau Federation is thoroughly analyzing the final Clean Water Rule – formerly known as Waters of the U.S. – to determine whether the EPA listened to the comments submitted by farmers and ranchers – according to AFBF President Bob Stallman. Farm Bureau finds little comfort in the agency’s assurances that farmers and ranchers’ concerns have been addressed in any meaningful way. Stallman says Farm Bureau will complete its review in the next few days – looking at how the rule treats ephemeral streams, ditches, small ponds and isolated wetlands. Once that review is complete – Farm Bureau will decide on an appropriate course of action.

With the earlier round of proposed rules – National Corn Growers Association President Chip Bowling says NCGA was concerned the earlier proposed rule represented an expansion of federal Clean Water Act jurisdiction relative to anything that has ever been in rulemaking before. Bowling says NCGA will look closely at how on-farm ditches, ponds and puddles are treated in the rule and work with EPA to ensure the rule in place is clear and workable for farmers.

The National Farmers Union opposes any expansion of jurisdiction under the Clean Water Act – but NFU President Roger Johnson says EPA has made genuine efforts in reaching out to ag stakeholders in the rulemaking process. Johnson says the final rule demonstrates that the agency took the concerns of family agriculture under serious consideration. NFU does not believe the rule is perfect – but Johnson says the final rule is an improvement over the proposed rule.

The American Soybean Association also is taking time to review the revised Clean Water Rule. ASA President Wade Cowan says ASA voiced strong opposition to the original version – but hasn’t been given an opportunity to comment on the revision – so ASA is in a trust but verify mode. Cowan says ASA needs to establish that the rule doesn’t affect everyday soybean farming operations. If the rule does not live up to the promises made by EPA – he says there must be an opportunity to submit comments to the agency to that effect.

National Cattlemen’s Beef Association President Philip Ellis says this step is a clear indication that there is no intention of considering the concerns of those most impacted by the rule. Ellis says this is a flawed rule that came from a flawed process. Public Lands Council President Brenda Richards says this rule will infringe on private property rights and seize state authority over land and water use. NCBA and PLC are reviewing the final rule – but they believe the only fix is to start over with all stakeholders’ input and direction from Congress.