EPA protection of Santa Cruz River under way

The federal Environmental Protection Agency has taken over jurisdictional guidance for the Santa Cruz River in an on-going discussion of whether it is or ever was a navigable stream.

Previously such decision was in the hands of the Army Corps of Engineers.

It has to do with enforcement of the federal Clean Water Act.

Simply put, if a river is declared to be a “navigable” stream, then you can’t knowingly pollute it.

Locally there are some people who believe a proposed copper mine northeast of Green Valley would knowingly pollute a Santa Cruz River tributary, and a navigable designation might block the mine’s development.

The Santa Cruz River rises in eastern Santa Cruz County south of Sonoita, flows south to Mexico, makes a U-turn about 20 miles south of the border and re-enters the United States about 6 miles east of Nogales.

U.S. Rep. Raul Grijalva of Arizona had urged the jurisdiction be handed to EPA and on Monday he said he was “pleased that the EPA…has recognized the importance of the river and its tributaries.”

The Corps earlier said parts of the river were navigable, but, in early July, it withdrew that statement from its Web site. It said it took the action to conduct a national review of its policies since a 2006 Supreme Court decision that limited the Clean Water Act’s protection of wetlands.

Monday’s action by EPA was only to take jurisdiction of the river and made no statement on the navigability issue.

Also in Tucson, the Pima County Board of Supervisors approved a resolution calling for EPA protections for the river. It took the action before learning of the EPA’s decision to assume the river guidance.

In his letter to the Corps of Engineers, EPA’s Benjamin H. Grumbles said he was “designating the Los Angeles and Santa Cruz Rivers as Special Cases under the MOA (memorandum of agreement over jurisdiction), and therefore EPA headquarters will make the final determination of their jurisdiction status under the Clean Water Act.”

Grumbles is assistant administrator in the office of water at EPA’s Washington, D.C. headquarters.

Meanwhile, two congressman questioned why the Corps of Engineers seemingly pulled back on a decision that the Los Angeles and Santa Cruz rivers were navigable.

They were Reps. Henry Waxman of California and James Oberstar of Minnesota, both Democrats.

Both congressmen were concerned that the Corps of Engineers was trying to ease up on the protection of the rivers.

jlamb@gvnews.com | 5479749