South Carolina General Assembly
116th Session, 2005-2006

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Bill 5209

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COMMITTEE REPORT

May 24, 2006

H. 5209

Introduced by Reps. G.R. Smith, Witherspoon and Hardwick

S. Printed 5/24/06--H.

Read the first time May 23, 2006.

            

THE COMMITTEE ON

INVITATIONS AND MEMORIAL RESOLUTIONS

To whom was referred a Concurrent Resolution (H. 5209) to memorialize the United States Congress to adopt the Corps of Engineers' definition of the term "ephemeral stream" in overseeing the protection of United States, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

ROBERT W. LEACH, SR. for Committee.

            

A CONCURRENT RESOLUTION

TO MEMORIALIZE THE UNITED STATES CONGRESS TO ADOPT THE CORPS OF ENGINEERS' DEFINITION OF THE TERM "EPHEMERAL STREAM" IN OVERSEEING THE PROTECTION OF UNITED STATES WETLANDS.

Whereas, the United States Corps of Engineers is the federal agency that assumes direct control over the Federal Clean Water Act; and

Whereas, the Clean Water Act is the primary federal regulatory provision that governs various kinds of work in streams, ponds, and wetlands; and

Whereas, the Corps of Engineers recognizes three types of streams: perennial streams, intermittent streams, and ephemeral streams. It claims jurisdiction over both perennial and intermittent streams; and

Whereas, the Corps of Engineers defines ephemeral streams as streams that have flowing water only during, and for a short duration after, precipitation events in a typical year. In general, ephemeral streambeds are located above the water table year round, and ground water is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow; and

Whereas, the Environmental Protection Agency, the federal agency that plays an ancillary role to the Corps of Engineers, in its veto power over permits and in its power to comment on the permitting process, maintains a different definition for ephemeral streams that can be more easily manipulated and causes more confusion than does the Corps of Engineers' definition; and

Whereas, the Corps of Engineers' definition is preferable for its functionality in allowing scientists to visually inspect the stream for characteristics of either intermittent or ephemeral streams; and

Whereas, currently there is no stated preference in federal law regarding the two divergent definitions, and choice of the Corps of Engineers' definition would benefit federal, state, and local officials in their ability to distinguish between the types of streams and the jurisdiction over them. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize the United States Congress to adopt the Corps of Engineers' definition of the term "ephemeral stream" in overseeing the protection of United States wetlands.

Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.

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