<>To the editor:
If you listen to the proponents of SB 204, you don't get the impression that they oppose protecting any of the state's surface waters. They say that it is not "reasonable" to regulate streams that often don't flow at all. They say we shouldn't try to ensure that streams with just a few inches of water are safe for swimming.
Environmentalists, on the other hand, point out that the bill violates the Clean Water Act, which requires protection of all surface waters for fishing and swimming. This is true, and SB 204 could be a windfall for a few environmental lawyers litigating that issue, as well as lawyers representing people downstream who will have no recourse other than civil actions. However, the fact that SB 204 violates the Clean Water Act does not explain why we need to protect small and intermittent streams.
If we treat our smaller streams like sewers, the larger rivers downstream become sewers, too. That is the reasoning behind total maximum daily loads (TMDLs), which are calculated by adding the polluting inputs from tributaries to the direct inputs downstream. They recognize that many pollutants are cumulative over a long stretch of stream.
Our smaller streams are also worthy of protection because most of the aquatic, semi-aquatic, and terrestrial animals in the state depend directly on our smaller streams for habitat, drinking water, and food. Even those streams that have no flow at all during much of the year usually have pools that last long enough to provide long-term life support or breeding habitat.
Our smaller streams and their associated alluvial aquifers also provide drinking water for many Kansas communities.
Finally, our smaller streams provide recreation for adults and youngsters. Kids can and do immerse themselves in a few inches of water in a creek. They can swim in a pool that's two feet deep. And they can get very sick if that water is loaded with bacteria from an upstream feedlot or sewage treatment plant.
The surface waters of Kansas are vital for all of us who live here. They are not just sewers to carry away wastes. And that is why we need to protect them.
Terry Shistar,
Lawrence
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