By Marit Gookin
Lander Journal
Via- Wyoming News Exchange

LANDER — In the midst of unresolved tensions over how to govern the Colorado River, the Department of the Interior is taking new action related to Wyoming’s waterways. This time, it has to do with a formal transfer of control – one which, according to Gov. Mark Gordon, reflects on-the-ground realities that have already been in place for years.

Friday, Gordon and Secretary of the Interior Doug Burgum announced that the DOI would officially begin procedures to relinquish federal environmental program authority over the waters of Yellowstone National Park to the state of Wyoming. 

That includes authority related to the Clean Water Act’s Section 401, the portion of the act and its enforcement which address discharge in United States waterways and related water quality certifications.

“This agreement is nothing new as Wyoming has managed CWA Section 401 in the park for years,” Gordon stated. “However, this official recognition restores the mutual responsibility that has worked so well, and will bring about an increase in certainty and responsiveness for our Yellowstone visitors while ensuring that the park’s water resources continue to be protected according to Wyoming’s high standards.”

According to a press release, the authority to manage Yellowstone’s waters will transfer to the Wyoming Department of Environmental Quality following a 60-day notice period to Congress.

A few other changes have occurred with the Clean Water Act over the past year. 

In January, the Environmental Protection Agency proposed revisions to Section 401 which strictly limit state and tribal review of water quality permitting compliance with federal, state, and tribal regulations to point-source discharges, effectively restricting how much say states and tribes have over water quality certifications within their boundaries. 

It’s part of a broader pattern under the Trump administration to streamline bureaucratic processes, in part by removing local government and public input steps – which some have praised as a move toward greater efficiency but others have criticized as removing local control and input.

Then, in September, the EPA enacted another change related to the Clean Water Act: changing the definition of waterways of the United States to include only “relatively permanent” bodies of water. That means that the act is no longer considered to apply to impermanent bodies of water such as seasonal creeks or wetlands.

While few if any environmental advocacy groups have reacted directly to the recent announcement concerning management of Yellowstone’s waters, many have opposed changes to the Clean Water Act and its enforcement over the past year.

“President Trump made cutting red tape and putting decisions closer to the people they impact a top priority of this administration,” Burgum commented in a statement. “The people of Wyoming know its land and water better than Washington ever could, and the Wyoming Department of Environmental Quality has proven it has the expertise and commitment to protect its own water resources. By empowering Wyoming to manage its own resources, we’re supporting responsible local stewardship and stronger communities for decades to come.”

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