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Message: <blockquote data-quote="gst" data-source="post: 207363" data-attributes="member: 373">The next word to learn a bit about KDM is "connectivity". <a href="http://www.farmfutures.com/blogs-inside-epas-wotus-ruling-understanding-significant-nexus-9883" target="_blank">http://www.farmfutures.com/blogs-inside-epas-wotus-ruling-understanding-significant-nexus-9883</a><a href="http://farmfutures.com/blogs-inside-epas-waters-ruling-part-i-9860" target="_blank">Last week I wrote</a> that two words in the new rule, "significant nexus," are critical to understanding EPA's actions. In its Preamble, EPA devotes 50 pages in Part three describing what it means by "significant nexus." These two words possibly create the angst represented by the quotes above. EPA states that the key to its interpretation of the CWA is the "significant nexus" standard. EPA believes that waters are "waters of the United States" if they "…either alone or in combination with similarly situated waters in the region, significantly affect the chemical, physical, or biological integrity of traditional navigable waters, interstate waters, or the territorial seas."As you can see, this broad statement might have caused some of the reactions you read above.EPA suggests "significant nexus" is not a purely scientific determination but claims its interpretation is however informed by an <a href="http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=296414" target="_blank">EPA Science Report</a>. EPA relies on its Science Report when it declares, "…that connectivity is a foundational concept in hydrology and freshwater ecology." It claims "Connectivity for purposes of interpreting the scope of 'waters of the United States' under the CWA serves to demonstrate the nexus between upstream water bodies and the downstream traditional navigable water, interstate water, or the territorial sea."Nothing is said about the agriculture stormwater runoff exemption.EPA's Science Report has five major conclusions. The scientific literature, no surprise here, "…demonstrates that streams, individually or cumulatively, exert a strong influence on the chemical, physical, and biological integrity of downstream waters." (Remember, water runs downhill!)In Conclusion three, the Report addresses Non-floodplain Wetlands and Open Waters. This jurisdictional claim may be what really stirs up folks in agriculture because EPA says this group of wetlands includes Prairie potholes or vernal pools.The Report claims these wetlands "…can be connected to downstream waters through surface water, shallow subsurface water, and groundwater flows and through biological and chemical connections." EPA says "Connectivity of non-floodplain wetlands occurs along a gradient, and can be described in terms of frequency, duration, magnitude, timing, and rate of change of water, material, and biotic fluxes to downstream waters.Now the next thing to google a bit about is "vernal pools". <a href="https://www.epa.gov/wetlands/vernal-pools" target="_blank">Vernal Pools | Wetlands Protection and Restoration | US EPA</a>https://www.epa.gov/wetlands/vernal-poolsVernal pools are seasonal depressional wetlands that occur under the Mediterranean climate conditions of the West Coast and in glaciated areas of northeastern and midwestern states. They are covered by shallow water for variable periods from winter to spring, but may be completely dry for most of the summer and fall.When pressed the EPA admitted that if water sat on lands for 24 hours it would be under their control as well as buffer lands surrounding it. If you think this is going away, if you think you have sole control over what happens on YOUR lands you need to keep googling things KDM. </blockquote>

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