ACWA joined a broad coalition of organizations in urging Congress to provide funding for water, wastewater, stormwater and reuse infrastructure projects in any infrastructure funding packages considered during the 116th Congress.
We urge you to reject any changes to agency rules, guidance, and/or policy that may diminish, impair, or subordinate states’ well-established sovereign and statutory authorities to protect water quality within their boundaries. Any regulatory action related to states’ CWA Section 401 authority raises significant federalism concerns, and therefore, we request that EPA engage in meaningful and substantive consultation with state officials before the commencement of such action.
With the adoption of the CWA, Congress purposefully designated states as co-regulators under a system of cooperative federalism that recognizes state authority over the allocation, administration, protection, and development of water resources. Section 101 of the CWA clearly expresses Congress’s intent to:
…recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, and to consult with the Administrator in the exercise of his authority under this chapter.
This declaration demonstrates Congress’s understanding that a one-size-fits-all approach to water management and protection does not accommodate the practical realities of geographic and hydrologic diversity among states.
ACWA joined the Western Governors Association and others in communicating to Congressional Leadership our concerns with recent efforts to limit state section 401 authority under the Clean Water Act.
The new ACWA FY2018-FY2022 Strategic Plan calls on ACWA to periodically determine its priorities in each of the following areas: Clean Water Act policy, grants and funding, partnerships and collaboration, management of the association, other matters as appropriate, requires the identification of association priorities on an annual basis.
ACWA’s written testimony submitted to the Senate Environment and Public Works Committee regarding the April 18, 2018 hearing entitled, The Appropriate Role of States and the Federal Government in Protecting Groundwater.
President’s Fiscal Year 2019 Budget Request Funding Chart
Letter from ACWA to President Trump outlining the Association’s priorities as it works to implement the Executive Order Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects.
This EPA chart shows the final section 106 grant money distribution to states for FY 2017.
Proposed funding Levels For Key Water Appropriations
Internal EPA memorandum leaked to news media providing details on which EPA program should be eliminated, reduced, or expanded as per the Trump Administration FY18 Budget Blueprint