Preliminary ruling returns water source decisions to states

RAPID CITY, S.D. (KOTA) - According to the Bureau of Ocean Energy Management, the Clean Water Act was put into place in 1972 to maintain the chemical, physical, and biological integrity of the nation’s water sources.

South Dakota was one of 24 states that filed a law suit against a rule that would redefine “navigable waters” which would have included things like ponds and streams.

Wednesday a judge issued a preliminary injunction halting the Biden Administration from changing the definition.

On Thursday, Marty Jackley, South Dakota’s attorney general, explained that traditionally, those decisions were made on a more local level.

”It’s important for South Dakota for our ranchers for our farmers and our developers. We had a very positive decision from a federal judge that indicated those regulations from the EPA and from Washington along with the core of engineers would not go into effect in South Dakota. Its a preliminary ruling but its good for farmers and ranchers across our state,” Jackley said.

Jackley said he believes it was an overreach on the part of the federal government to try and take away the state’s decision making abilities.