More About "Use Attainability Analysis"

The Missouri Department of Natural Resources (MDNR) calls them Use Attainability Analysis (UAA) for Missouri streams and rivers. The analysis helps MDNR determine how the public uses the state's waterways and whether a stream can be exempted from tougher water-quality standards. You can view the UAAs and MDNR recommendations, www.dnr.mo.gov/wpscd/wpcp/wqstandards/uaa/uaa_county.htm.

On July 7, 2005 this Blog reported on two creeks, Hudson Creek and Capps Creek, that were being included in the UAA list of exempted streams, both tributaries to the Spring River watershed. Now it seems that Elm Spring Branch in Newton County Missouri is also being included on this exemption list. Ted Heisel, Missouri Coalition for the Environment, said,"Why is it the DNR is not trying to alert the public about specific streams? Does it fear that the public, if it knew, would not favor those exemptions?" The Joplin Globe, Monday, August 15, 2005. http://www.joplinglobe.com/archives/story.php?story_id=108194

The Public has the opportunity to comment on DNR's assessment for streams and rivers until Wednesday, August 24. All comments will be posted on the DNR Web site one week later. The Clean Water Commission could make a final decision on the status of the exemption of streams and rivers as early as Sept.7.

Once again, I can not imagine excluding any creek, stream, river or tributary to the regulatory standards set out by the Clean Water Act. We know that what goes in upstream always affects the water quality downstream. MDNR thinks that if you can't swim in a stream, then it shouldn't be subject to water quality monitoring and regulations, and should be added to their list of exempted streams that are not regulated. That's the dumbest thing I have heard. Little creeks flow into bigger streams which flow into rivers, etc. This "reasoning" (or lack thereof) appears to ignore the fundamental basics of watershed management, that groups like the State of Missouri, the Missouri Clean Water Commission, the EPA, and the Missouri Department of Conservation are all trying to teach, educate, practice and communicate. Everything is connected. There is a relationship between upstream and downstream.

Please, please, please don't exempt ANY Missouri creeks, streams, rivers, waterways or tributaries from all the protections and regulations afforded and included under the Clean Water Act.

"The DNR is all ticked off at us for trying to alert the public. We have taken a little better approach in that we actually identify the streams, " said Ted Heisel. In addition, Ken Midkiff, Conservation Chairman with the Ozarks Chapter of the Sierra Club said that it appears the DNR is trying to "avoid" compliance with the Federal Clean Water Act, which requires all bodies of water to be "fishable" and "swimmable". "...the DNR is using depth as the sole criteria for attainability. But, the federal regulations state that an existing use cannot be removed. The EPA has stated that if the use of Whole Body Contact has occured in the past 30 years, that use cannot be removed. Clearly depth has little to do with submersion".