South Carolina General Assembly
116th Session, 2005-2006
H. 5209
STATUS INFORMATION
Concurrent Resolution
Sponsors: Reps. G.R.Smith, Witherspoon and Hardwick
Document Path: l:\council\bills\gjk\21250sd06.doc
Introduced in the House on May 23, 2006
Introduced in the Senate on May 30, 2006
Currently residing in the Senate Committee on Agriculture and Natural Resources
Summary: Ephemeral stream
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
5/23/2006HouseIntroduced HJ12
5/23/2006HouseReferred to Committee on Invitations and Memorial ResolutionsHJ12
5/24/2006HouseCommittee report: Favorable Invitations and Memorial ResolutionsHJ6
5/25/2006HouseAdopted, sent to Senate HJ47
5/30/2006SenateIntroduced SJ9
5/30/2006SenateReferred to Committee on Agriculture and Natural ResourcesSJ9
VERSIONS OF THIS BILL
5/23/2006
5/24/2006
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.
[5209-1]
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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