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February 13, 2015 Comments are off Montana Stockgrowers Association
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USDA Report: Ranchers’ Conservation Efforts Positively Impact Sage Grouse

WASHINGTON –The United States Department of Agriculture this week issued a report showing that since 2010, USDA and its partners in the Sage Grouse Initiative have worked with private landowners to restore 4.4 million acres of habitat for sage-grouse while maintaining working landscapes across the West. USDA also announced today that, through the provisions of the 2014 Farm Bill, it will invest in new sage-grouse conservation work over the next four years.

The Sage Grouse initiative is a diverse partnership between ranchers, state and federal agencies, universities, non-profit groups, and private business led by Natural Resource Conservation Service.

“We’re working with ranchers who are taking proactive steps to improve habitat for sage-grouse while improving the sustainability of their agricultural operations,” Under Secretary for Natural Resources and Environment Robert Bonnie said. “Thanks to the interest from ranchers and support of our conservation partners, USDA’s Natural Resources Conservation Service is working to secure this species’ future while maintaining our vibrant western economies. Since 2010, we’ve worked with ranchers to conserve, restore, or maintain more than 4 million acres of habitat on private lands – an area twice the size Yellowstone National Park.

Sage Grouse are found in 11 states across the western United States and their habitat encompasses 186 million acres of both federal and private land. Public Lands Council President Brenda Richards said livestock grazing and wildlife habitat conservation are complimentary efforts.

“Ranchers are the original conservationists and the have been the best stewards of the land from the beginning,” said Richards, a rancher from Idaho. “I’m happy to see the hard work and dedication of ranchers is not only being recognized by USDA, but also encouraged to continue. With cooperation from stakeholders on the ground, the species and its habitat will be given the best possible chance to succeed.”

In the past five years, NRCS has invested $296.5 million to restore and conserve sage-grouse habitat, and has pledged to extend these efforts by approximately $200 million over four years through the conservation programs funded by the 2014 Farm Bill.  Additionally, NRCS is piloting use of its Conservation Stewardship Program to broaden the impacts of SGI by targeting up to 275,000 acres to enhance sage-grouse habitat in 2015.

Through the SGI, conservation easements have increased across the range to 451,884 acres and  have focused on eliminating the encroachment of conifer trees on grassland, which not only benefit the sage-grouse, but also improve the forage available on grazing lands. The overgrowth of trees and brush serve as fuel for wildfires and are a significant threat to the rangeland, said Richards.

“The biggest threat to any wildlife population is lack of open space. Ranchers ensure that rangelands remain intact and in good health,” Richards said. “We also know that for the sage grouse, wildfire is another large threat. Due to SGI’s cooperation with ranchers and other stakeholders to remove fuel loads from the range, the risk of wildfire is greatly reduced.”

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PLC has represented livestock ranchers who use public lands since 1968, preserving the natural resources and unique heritage of the West. Ranchers who utilize public lands own nearly 120 million acres of the most productive private land and manage vast areas of public land, accounting for critical wildlife habitat and the nation’s natural resources. PLC works to maintain a stable business environment in which livestock producers can conserve the West and feed the nation and world.

January 27, 2015 1 Comment Montana Stockgrowers Association
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Stockgrowers Joins Montana Agriculture Organizations in Support of Compact

(Helena, Mont.)— The Montana Stockgrowers Association, representing the business interests of Montana’s cattle ranching sector, and the foremost organization representing Montana’s water users, the Montana Water Resources Association, have joined forces with the Montana Farm Bureau Federation to support the state of Montana’s proposed Water Compact with the Confederated Salish & Kootenai Tribes (CSKT).

“The Stockgrowers Association conducted a thorough legal analysis of the current CSKT Water Compact and through that analysis, our organization is supporting this Compact,” said Gene Curry, President of the Montana Stockgrowers Association. “It is important to protect historic water uses on and off the reservation and provide some certainty for all water right holders in Montana.”

The support of the Stockgrowers comes after the Montana Farm Bureau Federation declared their support of the Compact during the January 12th meeting of the Montana Reserved Water Rights Compact Commission and the Commission’s unanimous vote to move the Compact to the Montana State Legislature for further approval.

“We were very diligent in our review of the Compact and the impact it would have on our members if passed,” said Montana Farm Bureau Federation spokeswoman Chelcie Cremer. “Montana’s farmers and ranchers depend on reliable access to water to preserve their livelihoods.  The Compact will protect Montana’s agricultural industries and ensure water rights certainty for future generations.”

The Montana Water Resources Association also joined in supporting the Compact, citing the protection of private property and water rights that the Compact provides.

“If the Compact fails irrigators and water users will be forced to shoulder the costs of the litigation that will result,” said Mike Murphy of the Montana Water Resources Association. “Specifically, the Compact provides provisions that protect irrigators both on and off the reservation and ensure they are able to obtain access to the water resources they need. Protection of water and other property rights is of utmost importance to our organization and is an important aspect of why we support passing the Compact.”

“We are excited that the Montana Stockgrowers Association and the Montana Water Resources Association have joined FARM and the Montana Farm Bureau Federation in supporting the CSKT Water Compact,” said FARM Co-Chair and long-time Stockgrowers member, Lorents Grosfield. “These groups uniting shows that passing the Compact is truly for the benefit of all Montanans and will protect the interests of Montana’s farmers and ranchers.”

The support of the Montana Stockgrowers Association and the Montana Water Resources Association for the Compact shows the continued growth of support for the Compact among the agriculture community, irrigators, and water users across the state.

Farmers and Ranchers for Montana (FARM) is a grassroots coalition of farmers and ranchers, united with local leaders, Indian tribes, businesses and other Montanans committed to fair water policies and the approval of a Water Compact that quantifies and secures water access to the benefit of all Montanans. For more information visit www.montanawatercompact.com
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(Joint Press Release with Farmers and Ranchers for Montana)

January 14, 2015 Comments are off Montana Stockgrowers Association
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Elk-Brucellosis Discussion in Bozeman January 17

Montana Fish Wildlife and Parks logoMontana Fish, Wildlife & Parks will host a half-day discussion on the Montana State University campus in Bozeman, Saturday, Jan. 17, on topics related to the transmission of brucellosis from elk to cattle in southwestern Montana.

FWP has assembled a diverse group of experts to discuss brucellosis in elk, disease genetics, and livestock investigation techniques and processes. A panel discussion among presenters will be facilitated by Dr. Mike Mitchell, leader of the University of Montana’s Cooperative Wildlife Research Unit.

“FWP has heard from some constituents about providing more information on the science that identifies elk as one possible source of brucellosis infection in cattle in parts of southwestern Montana,” said Jeff Hagener, director of FWP in Helena. “In response, we’ve assembled this presentation to illustrate that science.”

The session is designed to describe, inform and discuss data addressing the potential for some elk in southwestern Montana to infect livestock with brucellosis, a disease that can cause some pregnant bison, elk and domestic cattle to abort their first calf.

The talks are open to the public and are set for 8:30 a.m.—Noon on Jan. 17 at 101 Gaines Hall on the MSU campus. For a full agenda visit FWP online at fwp.mt.gov; click “Fish & Wildlife”, then click “Elk“.

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December 26, 2014 Comments are off Montana Stockgrowers Association
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USDA extends public comment period for Conservation Stewardship Program

USDA’s Natural Resources Conservation Service (NRCS) is extending the public comment period on the Conservation Stewardship Program (CSP) interim rule. Public comments will be accepted through January 20, 2015.

“This extension will provide stakeholders with additional time to comment on the CSP interim rule,” Chief Jason Weller said. “At nearly 70 million acres, CSP is the nation’s largest conservation program.  Input through the public comment process will help NRCS finalize a CSP rule that works for participants and continues to deliver greater conservation benefits for our Nation.”

Official notice of the change can be found in the Federal Register. Electronic comments must be submitted throughregulations.gov.  Comments also can be hand carried or mailed to Public Comments Processing, Attn: Docket No. NRCS-2014-0008, Regulatory and Agency Policy Team, Strategic Planning and Accountability, U.S. Department of Agriculture, Natural Resources Conservation Service, 5601 Sunnyside Avenue, Building 1-1112D, Beltsville, Md. 20705.

NRCS has issued an interim rule for implementation of the Conservation Stewardship Program (CSP).  CSP helps agricultural producers maintain and improve their existing conservation systems and adopt additional conservation activities to address priority resources concerns. Participants earn CSP payments for conservation performance—the higher the performance, the higher the payment. Through CSP, producers install conservation enhancements to make positive changes in soil, water, and air quality; water quantity; plant and animal resources; and energy conservation. Nearly 70 million acres have been enrolled in the program since its launch in 2009.

Congress made several changes to CSP in the 2014 Farm Bill that NRCS has incorporated into this interim rule.  Additionally, NRCS has made some minor changes to make the regulation easier to read, and more importantly, the program easier to understand by producers.

The following list identifies some of the changes that are reflected in the CSP interim rule.  These changes primarily focus upon improving the competitive nature of the program, including raising the bar for the quality of projects enrolled and priority resource concerns to be addressed during the term of the CSP contract.

Noteworthy Changes in the CSP Interim Final Rule

In particular, the CSP interim rule:

  • Limits eligible land to that in production for at least 4 of the 6 years preceding February 7, 2014, the date of enactment of the Agricultural Act of 2014.
  • Requiring contract offers to meet stewardship threshold for at least two priority resource concerns and meet or exceed one additional priority resource concern by the end of the stewardship contract.
  • Allowing enrollment of lands that are protected by an agricultural land easement under the newly authorized Agricultural Conservation Easement Program (ACEP).
  • Allowing enrollment of lands that are in the last year of the Conservation Reserve Program.

A complete list of changes in the CSP IFR is available on the web or as a printer-friendly PDF.

NRCS welcomes public comment about these changes and other topics identified in the interim rule.  The official comment period has been extended to January 20, 2015.

Submit comments online at http://www.regulations.gov/#!documentDetail;D=NRCS-2014-0008-0001

November 18, 2014 Comments are off Montana Stockgrowers Association
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EPA’s Waters of the U.S. Changes Impacts Ranchers and Water Quality

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On Friday November 14th, the Montana Stockgrowers Association (MSGA), Montana Association of State Grazing Districts (MASGD), Montana CattleWomen (MCW) and the Montana Public Lands Council (MPLC), submitted comments to EPA regarding the Proposed Rule regarding the definition of “Waters of the U.S.” under the Clean Water Act .

Montana has long been known as an agricultural state. Farming and Ranching contribute billions to the state’s economy as Montana’s largest business sector. In fact, there are 2.5 cattle for every Montana resident. Over 28,000 farms and ranches are in Montana today, each working every day to conserve and sustain the environment we all call home.

One of the most pressing issues for our members in 2014 has been proposed changes to the Clean Water Act from the Environmental Protection Agency. The EPA wants to broaden their definition of “Waters of the U.S.” which would increase their jurisdiction to regulate, not only more water, but also potentially, much of the land surrounding those waterways.

Ranchers rely on clean water for their crops and livestock and are often at the front line of maintaining and improving water quality to sustain and conserve our environment. Irrigation plays a critical role in farming and ranching in Montana, whether it is for growing forages or crops. EPA’s proposed rule could change the agency’s jurisdiction when it comes to regulating both land and water that Montana farmers and ranchers depend on for a living.

As organizations representing farmers and ranchers, who have cared for the land for many generations, we believe our members do a great job of conserving and sustaining a clean water supply, not only for their land, but also for everyone downstream, including water supplies for many wildlife and Montana communities.

Due to the complexity of the issue, there has been a large degree of confusion and uncertainty from the people directly affected by this proposed rule change. In our comments, we requested EPA to drop the proposed rule changes to the Clean Water Act. If the proposed rule cannot be dropped, we provided specific concerns and recommendations for EPA to address.

Our comments included the following:

  1. Remove the expansion of the Clean Water Act to intermittent and ephemeral non-navigable streams, which are defined as tributaries and per se jurisdictional under the proposed rule.
  2. Remove the inclusion of ditches in the definition of tributary.
  3. Remove the provision that would make isolated wetlands, ponds and other open waters per se jurisdictional if they are located within a riparian area or floodplain.
  4. The exclusions and exemptions provided under the proposed rule are unclear and too narrow to provide protections for landowners. Clarification is needed prior to moving forward with a rule.
  5. Due to inadequate input from landowners, we request the agency to immediately withdraw the Interpretive Rule that limits the Sec. 404 “normal farming, silviculture and ranching” exemption to 56 NRCS practices.
  6. The proposed rule usurps states’ rights to manage waters and land use activity. This proposed rule is an overreach that makes all waters federal, violating the Commerce Clause of the Constitution and the plain language of the Clean Water Act.
  7. Due to the proposed rule ambiguities and uncertainty, we request the agencies withdraw the rule.
  8. We would encourage the agencies to engage in meaningful discussions with the states to better define the areas, if there are any, that states feel are deficient in meeting water quality standards.

Montana’s water laws are very comprehensive, do a good job of regulating the quantity of water used by agriculture, and ensure that water quality remains a priority when it comes to impacts on our environment, wildlife and surrounding communities.

The EPA’s proposed actions on this rule making process are a strong reminder to ranchers and members of the agriculture community of the need to remain actively involved in the policymaking processes, working to keep state and federal agencies aware of the continual improvements taking place, so that we may continue being good stewards of our environment and resources.

Montana Stockgrowers Association encourages, you as members, to remain active in your communities, and be engaged in conversations surrounding these critical issues that affect our ability to produce food, fiber and fuel products for Montanans and a growing global population.  As this rule making process moves forward, MSGA will provide any updates as they become available.  We would also like to thank the members who provided additional comments on this very important issue.For further questions, please contact Jay Bodner at the MSGA office at (406) 442-3420. A complete copy of the comments submitted can be viewed by visiting http://bit.ly/WOTUScomments.

September 10, 2014 Comments are off Montana Stockgrowers Association
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MSGA Comments Following Establishment of Sage Grouse Habitat Conservation Program

sage grouse signing executive order bullock montana habitat conservationOn Tuesday, September 9, Governor Steve Bullock signed an executive order establishing the Sage Grouse Habitat Conservation Program. The program has been in the works for some time with several Montana groups having opportunity to provide input on maintaining state management of the Sage Grouse species and its habitat in the state of Montana.

The Montana Stockgrowers Association has been involved in this process from the earliest stages, representing the interests our ranching family members and property owners across the state. During the development process of this plan, we recognized a few important principles

  • to keep the management of this species in our state,
  • to develop a plan with Montana priorities and values
  • and most importantly, to have a plan that works for Montana

We appreciate the work of the Advisory Council and the process in which they deployed in making recommendations. The series of meetings provided a platform in which all stakeholders could participate and provide science based information for the Council to consider. The Montana Stockgrowers Association along with our colleagues from other important Ag groups, like the Montana Farm Bureau, were able to express our interests in a fair and transparent way.

Stockgrowers feels that in-state management of the sage grouse is critical as 64% of the species’ Montana habitat is in private ownership and livestock grazing is the most common land-use activity across the sagebrush spectrum.

Even though the plan is finished, we know there is a considerable amount of work to be done. We look forward to continuing our work with Governor Bullock and his team to put forth Sage Grouse solutions that work for Montana and minimize the impact to Montana ranching families and livestock grazing.

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September 9, 2014 Comments are off Montana Stockgrowers Association
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Governor Bullock Signs Executive Order Establishing the Sage Grouse Habitat Conservation Program

Sage Grouse Habitat MontanaHelena, Mont. – Today, Governor Steve Bullock was joined by representatives from natural resource industries, ranchers, wind power advocates, sportsmen, and conservationists, as he signed an executive order establishing the Sage Grouse Habitat Conservation Program. The Program, which was developed from the ground up, and has broad support from a diverse group of interests, seeks to maintain state management of the Sage Grouse by protecting its habitat, while respecting the private property rights of Montanans.

“Montanans recognize that it is in the best interest of our state, its economy, and our quality of life, to maintain state management of the Greater Sage-grouse,” Bullock said of the executive order. “Through a public process, and the work of a diverse group of stakeholders, we’ve developed a dynamic, and science-based approach to ensure this bird remains under state management, and is not listed under the Endangered Species Act.”

Once established, the Program will work to implement the requirements laid out in the executive order, including a review process for actions that might impact the bird or its habitat, including industry-specific measures. In addition, the order addresses, among other topics:

  • Adopts a comprehensive Program for keeping sage grouse management in the states hands;
  • Recognizes the important role that Montana’s private landowners play in sage grouse conservation and the need for voluntary incentives to help those landowners to stay on the land and preserve vital sage grouse habitat;
  • Creates the Sage Grouse Habitat Conservation Program and the Montana Sage Grouse Oversight Team, attached to the Governor’s Office, to maintain state leadership, administer the program based on sound science, and continue to bring Montanans together to move sage grouse management forward;
  • Strikes the appropriate balance to preserve the sage grouse and its habitat and protect valid rights and existing land uses and activities; and
  • Ensures that Montana and Montanans will continue to manage this iconic species for the benefit of future generations – and continue to economically prosper from the industries that have existed in sage grouse country.

In addition, the executive order makes it clear that existing land uses and activites are not subject to the order, some uses and landowner activities are exempt from compliance with the strategy, including  county road maintenance, and production and maintenance activities associated with existing oil, gas, communication tower, and power line facilities.

“We appreciate the efforts and leadership from Governor Bullock to ensure that management of the sage grouse remains in state hands,” said Dave Galt, Executive Director of the Montana Petroleum Association. “By working together, we’ll ensure that we can protect not only this bird, but also economic opportunity and quality of life for all Montanans.”

“Continued state management of the sage grouse is important for all Montanans, especially for cattle ranchers,” Errol Rice, Executive Vice President of the Montana Stockgrowers Association said. “With an eye towards solutions, stakeholders with diverse viewpoints have come together to find science-based ways to ensure that we are protecting this bird, while respecting the needs of Montana ranching families.”

“We applaud the Governor’s willingness to step up to the plate to launch this important conservation program. Science shows that business-as-usual will have devastating effects on sage-grouse over the long-term. We all need to follow the emerging science and work closely together to conserve this iconic species. And what’s good for sage-grouse and sagebrush is good for a whole host of at-risk wildlife species—making this an important conservation program for the state of Montana and our wildlife,” said Janet Ellis, Program Director for Montana Audubon.

“We all have a role to play in ensuring the state retains management of the sage grouse for the benefit out our state’s economy and quality of life,” Glenn Marx, Executive Director of the Montana Association of Land Trusts said. “Through incentive-based conservation projects and actions, this plan recognizes that private land owners will play an important part in our success going forward.”

The Program will be administratively attached the to the Governor’s Office. When fully implemented, the Program will have up to six full-time staff. The Governor’s upcoming budget will include funding for the program, however until that budget is approved, the Governor intends to work with stakeholders to raise private funds help the Program get off the ground.

In addition, the Governor indicated that his upcoming executive budget will include a proposal for a Sage Grouse Stewardship and Conservation Fund, designed to, among other objectives,  promote and fund voluntary incentive-based non-regulatory programs and practices on private land to conserve sage grouse habitat (if approved by the Legislature).

The executive order was based off of recommendations of the Greater Sage-grouse Habitat Conservation Advisory Council, which Bullock established in 2013. The Advisory Council gathered information, and brought stakeholders and experts together in a public process to recommend conservation measures to address the primary and secondary threats to the Greater sage-grouse in Montana. These recommendations were presented to Bullock in January 2014.

The executive order is available online at: http://governor.mt.gov/Portals/16/docs/2014EOs/EO_10_2014_SageGrouse.pdf

(This press release is courtesy of Governor Bullock’s office)

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August 27, 2014 Comments are off Montana Stockgrowers Association
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EPA Hands Over Maps Detailing the Extent of their WOTUS Proposal

EPA WOTUS Montana Expansion MapWASHINGTON (Aug. 27, 2014) –The House Committee on Science, Space, and Technology released maps today of waters and wetlands the Environmental Protection Agency has to-date refrained from making public. After multiple requests, the Agency finally handed over the maps to the committee, which appear to detail the extent of the “Waters of the United States” proposal.

“Given the astonishing picture they paint, I understand the EPA’s desire to minimize the importance of these maps,” said Rep. Lamar Smith (R-Texas), Chairman of the House Science Committee, in a letter to EPA Administrator Gina McCarthy. “But EPA’s posturing cannot explain away the alarming content of these documents. While you claim that EPA has not yet used these maps to regulate Americans, you provided no explanation for why the Agency used taxpayer resources to have these materials created.”

Knowledge of the maps came as the Committee was doing research in preparation for a hearing regarding the proposed “Waters of the United States” rule. The maps were kept hidden while the Agencies marched forward with rulemaking that fundamentally re-defines private property rights, said Chairman Smith.

“It is deplorable that EPA, which claims to be providing transparency in rulemakings, would intentionally keep from the American public, a taxpayer-funded visual representation of the reach of their proposed rule,” said Ashley McDonald, National Cattlemen’s Beef Association environmental counsel. “Unfortunately, it is just another blatant contradiction to the claims of transparency this Administration insists they maintain.”

These maps are very similar to the maps produced by NCBA and other agricultural groups, which also showcase the EPA’s extensive attempt to control land across the country. These maps show individual states facing upwards of 100,000 additional stream miles that could be regulated under the proposed regulation.

“This is the smoking gun for agriculture,” said McDonald. “These maps show that EPA knew exactly what they were doing and knew exactly how expansive their proposal was before they published it.”

The maps are available on the House Committee website here. The Montana map is available by clicking here (maps are large files and may take a few seconds to load).

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August 27, 2014 Comments are off Montana Stockgrowers Association
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EPA changes to Waters of U.S., Beef Sustainability and Checkoff Increases | Podcast

solar filled water tankOn today’s post we follow up with a podcast from the recent summer cattle industry conference held in Denver, Colorado. A broad range of issues were discussed at the meeting, but the subject drawing the most conversation was EPA‘s proposed changes to the Waters of the U.S. rule. We provided a preliminary analysis of the proposed rule changes in an earlier blog post. Click here to read more.

Ariel Overstreet-Adkins, who has been working on comments for the issue on behalf of MSGA, attended the meeting and shared a few comments. “Some of the major concerns the panelists brought up are some of the same concerns we’ve had while looking at this proposal. These include the broad definition of tributary, the change of definition of adjacent to include all waters and not just wetlands, and a really undefined catch all of other waters. Across the board, this rule seems to increase uncertainty, even though the EPA says they’re trying to make things more certain. We believe this is going to be costly for many industries across the U.S. and not just agriculture.”

The Property Rights and Environmental Management committee members also passed a resolution to lead the development of a beef sustainability program, inclusive of the beef value chain and stakeholders, which addresses the continued advancement in areas such as economic viability, production efficiencies, animal care and handling, environmental conservation, human resources and community support. MSGA believes this is a positive move for the industry to establish and verify sustainable practices most ranchers already utilize.

The Cattlemen’s Beef Board and Committees concerning the Beef Checkoff also held meetings while in Denver. One of the highlights of those meetings comes from a working group looking at the proposed Checkoff increase to $2 per head. Several industry groups are working together on a proposal for changes.

Listen to the podcast below for more on these topics. This is just the second portion of our podcast covering the recent summer industry meetings in Denver. Stay tuned for our next podcast where we’ll talk about important policy issues discussed during the meetings, including cattle health issues including disease concerns surround the import of foreign beef and changes to the FDA’s antibiotic labeling rules. We’ll also find out more about CattleFax’s outlook for the cattle industry.

August 21, 2014 2 Comments Montana Stockgrowers Association
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Preliminary analysis of EPA/Corp’s Waters of the U.S. Proposed Rule

environmental protection agency epa logoAriel Overstreet-Adkins, MSGA legal/policy intern, has been working this summer to evaluate the EPA WOTUS rule changes. To learn more, contact the MSGA office, (406) 442-3420. To submit comments, visit www2.epa.gov/uswaters before October 20, 2014.

MSGA is currently undertaking a comprehensive legal analysis of the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) proposed change regarding the definition of Waters of the U.S. (WOTUS) under the Clean Water Act (CWA). We hope to have our comments drafted by the end of August  to provide members with guidance about submitting your own comments, which are due by October 20. The proposed language itself is only about a page and a half in length. [View our online newsletter to read] The language would apply to 12 different sections in the Code of Federal Regulations. MSGA is also engaging with the Interpretative Rule that accompanied this proposed rule (see side bar).

One thing is certain as MSGA engages in a preliminary analysis; this proposed rule does not achieve the EPA and Corps’ goals of clarity and simplicity. There are many ambiguous words and phrases that could be interpreted in any of a number of ways. Our main areas of concern are on the definition of tributary which would include ditches. There are a couple of exemptions as it relates to ditches, but we are unsure how applicable those will be in Montana. Important words in the proposal are not defined, such as “upland,” “significant” in significant nexus, “other waters,” and “through another water.” The role of groundwater is also a murky area. While the EPA claims this rule does not regulate groundwater (and the CWA itself specifically says it does not) the new rule proposal includes language about “shallow subsurface hydrologic connection” between two bodies of water. That phrase is not defined and leaves confusion about the role of groundwater, whether it is regulated under this proposal, or if it can be used to establish a connection between two bodies of water with no surface connection for the sake of regulation.

Our biggest question at this point is what are we doing so poorly in the state of Montana that the EPA feels they need to obtain more jurisdiction over our waters? We have strong laws and regulations in the Montana and ranchers work hard to protect the land and the water that is so vital to their everyday operations. Our constitution recognizes and confirms existing rights to any waters for any useful or beneficial purpose and states that “all surface, underground, flood, and atmospheric waters within the boundaries of the state are the property of the state for the use of its people and are subject to appropriation for beneficial uses as provided by law.” (Article IX, Section 3(3)).

MSGA will continue to grapple with these questions as we analyze this proposed rule and its potential impacts on ranching in Montana. Earlier this month, MSGA staff attended the Montana Legislature’s Water Policy Interim Committee in Helena where this rule was discussed. Staff also had an excellent conversation with Senator Jon Tester’s staff about the proposed rule and our concerns.

To read the full proposal and other documents (including the EPA’s scientific and economic analyses); visit the EPA’s website at www2.epa.gov/uswaters.  If you have any questions or comments about the proposal, especially comments about how this proposal might affect you personally, please call Ariel at (406) 930-1317 or send an email to [email protected].