Federal water rule changes could hit KY hard — again
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With Senate Bill 89 now law, Kentucky’s definition of “waters of the Commonwealth” is anchored to the federal “waters of the United States” (WOTUS) standard—meaning every tweak to that definition directly impacts our state waters. Recently, the EPA and U.S. Army Corps of Engineers opened yet another review of that standard, asking for public input on three key phrases: which streams and wetlands count as “relatively permanent,” what qualifies as a “continuous surface connection,” and when a man-made ditch should be jurisdictional. While the agencies say they want a rule that is “transparent, efficient, and predictable,” history tells us that constant federal revisions create exactly the opposite for Kentucky communities, utilities, and regulators who need stability to plan and protect water resources. Their intent is also clear - further narrowing the definition of WOTUS so that fewer of streams and wetlands receive protections was a goal identified in Project 2025.
KRC and multiple allied groups submitted comments, urging EPA and the Corps not to shrink WOTUS. KRC noted that any change to the WOTUS rule has significant implications for Kentucky, as SB 89 ties our definition of protected “waters of the Commonwealth” to the federal rule. Meanwhile, the KY Attorney General — joined by the KY Departments of Agriculture and Fish & Wildlife — filed comments denouncing “federal overreach” and claiming a sovereign right to manage Kentucky’s waters, yet pushing for a narrower rule and less technical infield implementation. The letter never discloses that the General Assembly itself chained Kentucky’s Clean Water Act program to the definition of WOTUS, nor does it acknowledge the very real cost of pollution on public health, drinking-water systems, and outdoor economies. The letter was not endorsed by the KY Energy & Environment Cabinet — the agency that must enforce whatever standard emerges.
The result is a campaign talking point masquerading as a policy position, one that sidesteps transparency and ignores the price of dirty water for Kentucky families and businesses. KRC will keep pressing for a stable, science-based definition that protects the full network of streams, wetlands, and other waters on which our health, economy, and wildlife depend.
KRC and multiple allied groups submitted comments, urging EPA and the Corps not to shrink WOTUS. KRC noted that any change to the WOTUS rule has significant implications for Kentucky, as SB 89 ties our definition of protected “waters of the Commonwealth” to the federal rule. Meanwhile, the KY Attorney General — joined by the KY Departments of Agriculture and Fish & Wildlife — filed comments denouncing “federal overreach” and claiming a sovereign right to manage Kentucky’s waters, yet pushing for a narrower rule and less technical infield implementation. The letter never discloses that the General Assembly itself chained Kentucky’s Clean Water Act program to the definition of WOTUS, nor does it acknowledge the very real cost of pollution on public health, drinking-water systems, and outdoor economies. The letter was not endorsed by the KY Energy & Environment Cabinet — the agency that must enforce whatever standard emerges.
The result is a campaign talking point masquerading as a policy position, one that sidesteps transparency and ignores the price of dirty water for Kentucky families and businesses. KRC will keep pressing for a stable, science-based definition that protects the full network of streams, wetlands, and other waters on which our health, economy, and wildlife depend.
Read KRC's comment letter here.
Read comments submitted by Southern Environmental Law Center, on behalf of KRC and 72 other organizations here.
The Kentucky Resources Council is a non-profit, 501(c)(3) organization dedicated to the conservation and prudent use of Kentucky’s natural resources. Since 1984, we have dedicated ourselves to protecting Kentucky’s land, air, water, and communities.