What is "Significant Nexus?"
Two words are critical to EPA's power grab over your private property if it has water on it. The terms are "Significant Nexus". EPA says there can be a significant nexus with "other waters". EPA declares that "other waters," which I will discuss in a subsequent blog, can have a relationship to each other and connections downstream which affect the chemical, physical or biological integrity of traditional navigable waters. EPA says "The existence of the connection, a nexus, does not by itself establish that it is a 'significant nexus'."
EPA claims it will review water on your property or coming from your property and undertake a case-specific analysis to determine whether the gradient of your property and its water creates a relationship that "…constitutes a significant nexus."
EPA, in a chilling statement, says "Functions of waters that might demonstrate a significant nexus includes sediment trapping, nutrient recycling, pollutant trapping and filtering, retention or attenuation of flood waters, runoff storage, export of organic matter, export of food resources, and provision of aquatic habitat. A hydrologic connection is not necessary to establish a significant nexus."
EPA, with this statement, can come after virtually any water on your property.
EPA claims it is merely clarifying the definition of Waters of the United States. As I told members of the Iowa and Missouri Farm Bureaus this past week, such an assertion is simply not believable and is nonsense.
As one article said, the EPA water police are coming to your farm, ranch or timber operation. If this rule is promulgated, it will be unclear who has more control over its farmers…the European Union or the U.S. Environmental Protection Agency.
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