(By Len Lisenbee and must read by all sportsmen) Back in July of 2009 I posted a warning in my outdoors column concerning the (then new) Obama Administration’s active attempt to seize all water in and around the U.S. I began that article with: “Everyone who loves the water, along with everyone who enjoys a cold drink of water, should be extremely concerned with a bill that has been introduced into Congress. The Clean Water Restoration Act, which is also known as Senate bill 787 (2009), sponsored by Sen. Russ Feingold of Wisconsin, has already undergone committee hearings and could be sent to the Senate Floor immediately.
“Why is this bill so terrifying? It is because the federal government is attempting to claim ownership of all water in the U.S. And when I say ALL water, that is exactly the truth. This act removes the key word “navigable” from the original act and goes from there. If it passes, then all water everywhere will fall under the authority of the federal government.”
Well, the Supreme Court had already taken away that threat with two important prior decisions, one from 2001 (called SWANNC) and another from 2006 (Rapanos). In both cases the court stressed that the law’s reach only applied to “navigable” water bodies (or for waters that are significantly linked to such water bodies). The court also stressed that the act was never intended to protect the countless wetlands, streams, rivers, lakes and other waters that the government then wanted to be “protected.”
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