Tips for Drafting Individual WOTUS Comments
Identical comments are not as influential as personalized letters, so your comments will
have more effect if you can add details of the impact the proposed rule will have on your
farm.
Here are some important suggestions for your consideration.
 Feel free to write as much or as little as you would like. Because this is such an
important issue for you and for agriculture, please take time to say what you have
to say. This is your opportunity to explain the impact of this decision on your
farm. The more you can personalize, the more effective you will be. Remember,
cookie cutter comments do not sway regulators.
 Introduce yourself. How long have your farmed in your area? If your know it,
what is the closest traditional navigable water to your farm? Write about your
operation and your commitment to clean water. Do you participate in voluntary
conservation programs? If so, discuss what you have done to protect water in your
watershed. Describe projects and your work with any state or local agencies.
Make the point that state and local officials are better position to regulate water.
 Explain the features on your land. How does water drain off your land? Do
you have ponds, ditches, tilled fields or grassed waterways on your land? If so,
tell EPA you cannot imagine how any of these features can be considered
navigable waters. EPA proposes to regulate most ditches, small and remote
“waters” and ephemeral drains where water flows only when it rains. Many of
these areas are not even wet most of the time and look more like land than like
“waters.”
 React to the ridiculousness of considering water moving across your fields and in
roadside ditches being regulated as waters of the U.S.
 Express your concerns about how your farm may be impacted if the EPA is
allowed to claim jurisdiction over ditches and washes on your land. Clean Water
Act jurisdiction could result in severe restrictions on your farming —or even
prohibit farming activities in or near ditches, washes or isolated “wetlands”—no
matter the cost or the practical impact on you, your family and your farm. As a
result of the proposed rule, farmers will face roadblocks to ordinary land-use
activities - like fencing, spraying for weeds or insects, discing or even pulling
weeds. The need to establish buffer zones around grassed waterways, ephemeral
washes and farm ditches could make farmlands a maze of intersecting “no farm
zones” that could make farming impractical.
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 In your words, tell them that you resent the proposed expansion of their
regulatory authority. You might add that the proposed regulations would be
laughable, if they were not so serious and did not pose such a threat to how you
farm and to U.S. agriculture.
 Tell EPA that you believe they are overstepping the legal authority granted to
them under the Clean Water Act and that they are ignoring two U.S. Supreme
Court decisions.
 Explain that voluntary conservation practices were never intended to be
turned into regulations, and that you are concerned that expanding the definition
of waters of the U.S. will disrupt your business, future generations of farmers and
invite citizen lawsuits that will lead to further regulations that will dictate how you
will farm in the future.
 Explain any problems you or your neighbors have had dealing with wetlands
or waters. If you personally have had problems with the narrow “normal farming”
exemption, share your experience. Have you tried to build a farm pond and been
told “no?” Have you tried to plant tree crops in areas where you farmed corn and
been told “no?” Have you been told not to use certain tillage practices? Have you
been told that you cannot use your prior converted croplands for some reason?
IFB Staff is Available for Assistance
If you get started on your comment and would like assistance organizing your thoughts or
help with formatting or editing, please feel free to email your draft comments with your
cell phone number to Lauren Lurkins at llurkins@ilfb.org or Adam Nielsen
anielsen@ilfb.org, and we will work with you!
If you are happy with your comments, you may submit them yourself using the
instruction below. The comment deadline is October 20, 2014.
Email us a copy so you can get credit and recognition for taking the time to do this.
Thank you for making time to weigh in on this critical IFB priority issue!
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How To Submit Your Comment
Submit your comments before the October 20, 2014 deadline, identified by Docket ID
No. EPA-HQ-OW-2011-0880, by one of the following methods:
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Federal e-Rulemaking Portal: http://www.regulations.gov Follow the instructions
for submitting comments.
Email: ow-docket@epa.gov. Include EPA-HQ-OW-2011-0880 in the subject line
of the message.
Mail: Send the original and three copies of your comments to: Water Docket,
Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Avenue
NW., Washington, DC 20460, Attention: Docket ID No. EPA-HQ-OW-20110880.
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Suggested Beginning Text for Individual WOTUS Comments
[INSERT DATE]
Environmental Protection Agency
Water Docket
Mail Code 2822T
1200 Pennsylvania Avenue NW
Washington, DC 20460
RE:
Comments on the U.S. EPA and U.S. Army Corps of Engineers Proposed Rule
Regarding Definition of “Waters of the U.S.” Under the Clean Water Act
Docket No. EPA-HQ-OW-2011-0880
To Whom it May Concern:
I am a farmer, and I am writing to submit comments to the United States Environmental
Protection Agency and the United States Army Corps of Engineers proposed rule
regarding the definition of “Waters of the U.S.” under the Clean Water Act.
The proposed rule would significantly expand the scope of navigable waters subject to
Clean Water Act jurisdiction by regulating small and remote waters – many of which are
not even wet or considered waters under any common understanding of that word.
[INSERT YOUR SUBSTANTIVE COMMENTS]
The proposed rule does not provide clarity or certainly as EPA has stated. The only thing
that is clear and certain is that, under this rule, it will be more difficult to farm, or make
changes to the land – even if those changes would benefit the environment. I work to
protect water quality regardless of whether it is legally required by EPA. It is one of the
values I hold as a farmer.
Farmers like me will be severely impacted; therefore, I ask you to withdraw the proposed
rule.
Sincerely,
[INSERT YOUR FIRST AND LAST NAME, HOME TOWN AND STATE]
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