Redefining Water – Deleting Protection

SB0632 (Southerland) / HB1615 (McCord)

SB0633 (Southerland) / HB1617 (McCord)

Perhaps the most dangerous of all the water quality bills, these bills redefine wet weather conveyances and create a new class of waters called “limited resource waters.” These bills strip protection from smaller streams and neighborhood creeks, allowing the destruction of these vital water sources. Fewer streams equals less water for us all to enjoy.

SB0632(Southerland)/HB1615(McCord) - 1) States "support" as used in the definition of wet weather conveyance means meeting the classification of fish and aquatic life even during low flow; 2) Excludes wet weather conveyances from "waters"; 3) Requires the Tennessee Department of Environment and Conservation (TDEC) to develop a waters determination training; 4) Allows for stream determinations to be made by an expert outside of TDEC.

• This bill is an attempt to narrow the types of waterbodies protected under our laws. Since the changes are based upon water flow, this would specifically lift protection from smaller streams during times of drought, when water protection is of the utmost importance.

• Developing a stream determination process is a good idea and one TDEC is currently working on, but it must be based on existing rules.

• TDEC, as the public agency, should be the final decision maker on stream determinations.

SB0633(Southerland)/HB1617(McCord) – Creates definition of "limited resource waters" as those not attaining their designated uses due to natural occurrences or modifications and exempts them and wet weather conveyances from the definition of "waters."

• This bill strips protection away from our waters and could destroy approximately 30,000 miles of streams- that’s almost HALF the streams in Tennessee.

• This bill gives up on protecting those waters already impaired.

• This bill is a critical threat to our smaller waterbodies.