S-2866.1  _______________________________________________

                    SENATE JOINT MEMORIAL 8025

          _______________________________________________

State of Washington   57th Legislature 2001 Second Special Session

By Senators Morton and Rasmussen

READ FIRST TIME 06/08/2001.  HELD AT THE DESK.

Requesting the environmental protection agency to clarify the use of aquatic herbicides.

    TO THE HONORABLE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY:

    We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

    WHEREAS, Agriculture is the number one industry in the state of Washington; and

    WHEREAS, Irrigated agriculture is an essential portion of this important source of jobs and revenue to the state of Washington and the United States as a whole; and

    WHEREAS, Proper maintenance of irrigation facilities, including the responsible use of aquatic pesticides to keep waterways free of weeds, is essential to their continued economic operation; and

    WHEREAS, The recent Ninth Circuit Court of Appeals decision in Headwaters Inc. v. Talent Irrigation District held that a National Pollutant Discharge Elimination System (NPDES) permit under the Clean Water Act is needed prior to application of an aquatic herbicide in irrigation canals; and

    WHEREAS, Pesticide use is governed by the Federal Insecticide, Fungicide, and Rodenticide Act; and

    WHEREAS, Pesticide applications are made in a diffuse fashion across large areas of land or water; and

    WHEREAS, The Clean Water Act NPDES permit is intended to cover point sources of discharge; and

    WHEREAS, Extension of the NPDES permit to pesticide applications, especially for irrigation canal uses, would add unacceptable, onerous levels of regulatory delay to the adequate maintenance of irrigation districts;

    NOW, THEREFORE, Your Memorialists respectfully pray that the United States Environmental Protection Agency be directed to immediately clarify, and modify if necessary, the applicability of the Clean Water Act to pesticide applications and provide relief to irrigation districts for pesticide applications to be made this summer, and also to take an active role in the current litigation on this subject before the Ninth Circuit Court of Appeals.

    BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, and the Administrator of the United States Environmental Protection Agency, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.

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