On the recordNovember 4, 2015
Mr. President, today I wish to speak about our vote on the waters of the United States and the Environmental Protection Agency. I noted that the White House has lately been advocating for criminal justice reform. They say an underlying problem with the justice system today is that Congress criminalized too much conduct too severely. But it is the same White House that is behind the new waters of the United States regulation--an Executive power grab that would effectively put every landowner in Arkansas and in America at risk of Federal criminal charges for making adjustments to land on their own private property. The waters of the United States regulation gives the government jurisdiction--and, in turn, the danger of Federal criminal charges-- over tributaries, adjacent waters, and ``other waters.'' This includes streams that only exist after heavy rains or, as some of us call them, mud puddles. If a landowner in Arkansas has so much as a ditch on his or her property, he or she could be liable for Federal criminal charges for disturbing that ditch in any way. If a homeowner wants to add an addition to his garage and this addition even touches ``land that fills with water after rain,'' also known as just ``land,'' this homeowner could be liable for Federal criminal charges.…





