In April, 2009, Senator Feingold introduced (and gathered 24 co-sponsors already) legislation, S. 787, to fundamentally change the definition of “water” under control of the federal government:
Library of Congress Link
The Great Water Heist
SEC. 4. DEFINITION OF WATERS OF THE UNITED STATES.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended–
(1) by striking paragraph (7);
(2) by redesignating paragraphs (8) through (25) as paragraphs (7) through (24), respectively; and
(3) by adding at the end the following:
`(25) WATERS OF THE UNITED STATES- The term `waters of the United States’ means all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting these waters, are subject to the legislative power of Congress under the Constitution.’.
SEC. 5. CONFORMING AMENDMENTS.
The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended–
(1) by striking `navigable waters of the United States’ each place it appears and inserting `waters of the United States’;
(2) in section 304(l)(1) by striking `NAVIGABLE WATERS’ in the heading and inserting `WATERS OF THE UNITED STATES’; and
(3) by striking `navigable waters’ each place it appears and inserting `waters of the United States’.
FIND OUT WHAT THIS MEANS – WATCH THIS SHORT VIDEO http://www.youtube.com/watch?v=aqHaUadsapc
Source:
dprogram.wordpress.com 
This is a terrible law, the purpose intended to give the Congress, (and agencies such as the EPA jurisdiction over waters that ARE NOT jurisdictionally controlled by our federal government. The effects of this proposed legislation is far reaching, potentially governing local (municipally owned) publicly owned treatment works, (“POTWs”); to even puddles of standing water that may rest in one’s own back yard.
Currently, the only premise that would allow for the federal government to maintain jurisdiction over rivers, lakes, streams, tributaries, creeks, wetlands, ditches, puddles of water, flood plains, or even a dry, indented area that would potentially have the capability of becoming flooded or holding water.
If you doubt me, take a look at Title 33, United States Code Sections 1251, 1317 and 1319; and the implementing regulations from the Army Corps of Engineers, e.g.; 33 CFR §328.3, and EPA Regulation 40 CFR §122.2.
In 1997, the Fourth Circuit Court of Appeals established that the Army Corps of Engineers definition of, “Waters of The United States”; e.g.; 33 CFR §328.3, which mirrors the EPA definition of “Waters of the United States”, e.g.; 40 CFR §122.2, was invalid, and exceeds the Congressional authorization under the Clean Water Act. See United States v. Wilson, 133 F.3d 251, 257 (4th Cir. 1997).
In truth and fact, the regulatory agencies’ definitions exceeds the government’s authority under the Commerce Clause, and Congress did not authorize the Army Corps of Engineers nor the EPA to assert its jurisdiction, “in such a sweeping and constitutionally troubling manner”. Id. at 257.
Eaually as vexatious, is the government’s determination that the term, “Navigable Waters” as utilized in Title 33, United States Code, “Navigation and Navigable Waters” has one specific meaning and definition for Sections 1 through 1250, and Sections 1401 through 2804, but the term, “Navigable Waters Of The United States” has a totally different meaning in Sections 1251 through Section 1400, which codifies the Clean Water Act. Regulations and statutes must intertwine and support each other, or else they are not complete. Businesses and individuals must not be left to guess the meaning of regulations. See United States v. Mersky, 361 U.S. 431, 440-441 (1960).
The bottom line, is that the Congress does not have the dominion nor the authority to so broadly expand the Commerce Clause to the United States Constitution, and all Americans should be up in arms and outraged. The consequences of such legislation, however well meaning, is first and foremost unconstitutional, but just as important, allows for federal government interference in something that is left to the separate and individual States, and potentially allows for the federal government to interfere in one’s own personal real property and riparian rights.
Write your Congressman and Senators, and demand that they Vote “No” on Senate Bill “S.787”; e.g.; “A bill to amend the Federal Water Pollution Control Act to clarify the jurisdiction of the United States over waters of the United States.”
Note that it is all wacko left Socialist Senators who sponsored this legislation. Those Senators who wish to trample upon Americans’ individual rights, and our Constitution!!
They’re all wacko, and they all work for the same people. Everything else is a side-show meant to distract us.
This video is incorrect. It states that historically the person owning the land owns the water. That is not true in most states. The owner of the water is that person that has claimed a water right for the water. That may very well be and is many times amother person other than the landowner.
Also, the new proposed definition only applies to The Water Pollution Control Act. And there is nothing wrong with allowing our government to stop people from polluting water that affects all of us when it runs off that persons property or into the groung water.
The problem is many of dont understand the law and what this means. That is why it is done in this bill. Everyone is for a bill that would be anti-pollution. However, how is it Congress’ business or concern if someone pollutes a lake on your land? That would be a civil matter between you and the person tresspassing and dumping. It may not be a conspiracy, it must just be stupidity on the person that wrote the bill, but by changing the definition the way they do, it gives them too much power over all kinds of water. And the are doing these same things in many other areas like home schooling and small/local farmers.
It might be a conspiracy or it might be lots of stupid people writing the laws with little thought to the consequences of the language being used. But the language is very, very important. Once it passes, it is the law of the land, regardless of what you think it means or should mean. If the language provides the framework for someone to mis-use that power, they will.
What many are missing the point of is what is the definition of “The United States”. The only definition I have seen is this: The District of Columbia, Puerto Rico, Guam, American Samoa, Virgin Islands, and all other Posessions and Territories.
In reality, those designated areas, along with areas within the individual states of the Union that have been designated as Federal Areas ( such as military bases typically)are the extent of ALL Federal Jurisdiction. All areas not so designated are foreign to “The United States” by definition.
Everyone needs to research and discovery what their relationship is in regards to “The United States Government, Incorporated”, “The United States of America”, the sovereign states of the Union, (pay attention to capitalization used, it has tremendous ramifications) and to which entity they bind themselves as citizens. You may not (most likely) be the citizen you believe you are. The Feds have and continue to work diligently to misinform you as to your true status and use language meant to confuse you into thinking you are someone other than your true self.
Please do your research. Begin with consulting “Black’s Law Dictionary” for definiton of terms in various forms of capitalization. I’m thinking you will be quite surprised…!!
How can we tell our Gooberment that they can go suck an Elephant dick…. Or did I just do that?
This is another stupid idea masked as a “good” thing.Remember the Mcain FEINGOLD campaign reform? Feingold is one of the main reasons my wife and I moved out of the communistic state of Wisconsin. No more government control. All the fools out there whom voted for this liberal government, need to open thier minds a little and say “my God what have I, we done???”