If your driveway floods, a new Environmental Protection Agency rule could give the agency authority over the runoff, Rep. Kristi Noem, R-SD, said Friday during a stop in Rapid City.

Noem spent about 15 minutes briefing the Pennington County Commission on a rule proposed in March by EPA and the Army Corps of Engineers. The proposal is alarming, she said.

"What the EPA is doing now, is changing the description of navigable waters, what that is doing is looping in many more bodies and many more entities of water to where that could potentially be defined as a pothole, a ditch, a stream," Noem said. "What they are using as justification for this kind of change is that the water will eventually end up in a navigable water ... they believe they have jurisdiction over that." 

This latest modification of the Clean Water Act has captured the attention of many individuals and particularly farmers and ranchers, she said. They realize that this is one of the largest expansions of jurisdiction and of the federal government that has been seen in a long time, Noem said. 

"You could need a permit to do anything," Noem said.

Congressional opponents of the rule change have asked the agencies to withdraw the proposal, but their guidance comes directly from the administration, Noem said. It may take legislation to stop EPA and the Corps from expanding their control, she added.

Noem asked the commissioners to support her and others in opposing the proposed rule. Writing letters and submitting comments during the comment period that closed on July 21 will help, she said.

"They gauge everything in D.C. by the numbers," she said.

The commissioners did not take any action Friday, but did agree to draft something in the future opposing the rule change.

Do you want to sign up for my E-Newsletter?