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Stroud Scientists at WorkThe Imperative to Protect Our Headwaters IMPLICATIONS FOR THE CLEAN WATER ACT Under the new policy, protections were no longer assured for millions of acres of wetlands and thousands of miles of “ephemeral washes or streams” — intermittent streams that typically flow for fewer than six months a year, as well as streams without a groundwater source. The policy change threatened to eliminate protection for a majority of the streams in the western states and a significant number of streams in Pennsylvania as well. Its modification did not account for recent scientific research that demonstrated the links between these waters and protected waters downstream. USING SCIENCE TO PROTECT FRESHWATER RESOURCES “The impact of this paper was huge,” says Mann. “It was and continues to be widely cited by federal agencies, including the U.S. Fish & Wildlife Service, and advocacy groups like Sierra Club, both of which rely on independent research to support their case for environmental protections.” The paper’s scientific data became a compelling educational and advocacy tool for communicating with legislators as well as the public at large. Adding to the challenge, a 2006 ruling by the Supreme Court further limited the reach of the Clean Water Act. In the “Rapanos” case a divided Court again ruled that a headwater stream is protected under the Clean Water Act only if it has either a relatively permanent flow or a demonstrable functional link to downstream waters. The Sierra Club and other groups are working furiously to educate the public and the Congressional delegation about the negative impacts of this ruling and what’s at stake. Headwater streams that are denied federal protection are vulnerable to pollution discharges without a permit. In the balance are waters like Avondale Creek in Alabama, polluted by the dumping of industrial waste by a manufacturer. To date, hundreds of EPA enforcement cases have been shelved because the streams in question are no longer covered by the Act. In particular, the scientists argue that headwaters:
According to Mann, this new paper provides important underpinnings for addressing policy improvements at both the federal and state levels — particularly with regard to reforming the Dam Safety and Encroachments Act Chapter 105 regulations, which regulate disturbances like ditching, filling and stream enclosures related to development. The research findings reported in this paper will play a pivotal role in educating fisheries, conservationists, environmentalists and legislators at both the state and national levels about the imperative to protect headwater streams. Links:
The Clean Water Act Sierra Club Clean Water Campaign |
Robin Mann was first introduced to the Stroud™ Water Research Center in the late 1970’s when pollutants from an upstream poultry operation were impacting the stream and ponds on her family’s property. Center scientists analyzed the water and recommended best management practices to mitigate the situation. In her current role as Vice President of Conservation for the Sierra Club, Mann’s interest in the Stroud Water Research Center’s findings has a much broader application — the potential to inform both local and national policy about protections afforded our nation’s freshwater sources.
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