Opinion: Protecting Kentucky’s waters – why Senate Bill 89 threatens our future

Kentucky’s waters are the lifeblood of our communities, our environment, and our economy. From the small streams and groundwater that nourish our land, to the rivers and reservoirs where we recreate and that provide municipal drinking water to millions of Kentuckians, our water systems are central to our way of life. 

Yet, Senate Bill 89 threatens to erode vital protections for our water, abdicating our state’s sovereignty to the federal government, and putting our people at risk. Currently, Kentucky’s water protections apply to any and all surface or groundwater in the state. But SB 89 seeks to shove aside much of the state’s water resources, narrowing protections to only those waters that are defined as “navigable” under federal law. The bill would strip protections for all groundwater, as well as many of the upper reaches of stream and river systems in Kentucky.

What’s even more alarming is that this shameful proposal, sponsored by State Sen. Scott Madon, R-Pineville, would willingly surrender much of our state’s ability to regulate our own water over to the federal government. 

That is not acceptable. It’s not what the citizens of the commonwealth want, and it’s not what any of us voted for when we cast our ballots. 

I grew up in Bell County, first in Pineville and then Middlesboro. My folks worked at Cumberland Gap National Park and I was raised playing in our beautiful local creeks and rivers. I’ve moved across the mountain to Lee County, Virginia, now, but my husband, daughter and I frequently visit family in Kentucky, and I am shocked and dismayed that the state senator representing my home is behind this terrible bill. SB 89 would mean the complete removal of protections for our groundwater, which is the source of drinking water for more than 1.5 million Kentuckians through public water systems, and over 416,000 Kentuckians from wells and springs. 

SB 89 would also eliminate state level protections for any stream that does not flow year-round, including many of the higher elevation mountain streams of Eastern Kentucky, such as those found at Breaks Interstate Park, the Red River Gorge, the Daniel Boone National Forest and other public lands that bring millions of tourism dollars into the state each year. 

In addition to their economic importance, these seasonal streams make up the headwaters of the Kentucky, Cumberland, Licking and Big Sandy rivers, crucial drinking water sources for millions of Kentuckians, and iconic features of our beautiful state’s landscape and culture — something that I and other Kentuckians are very proud of. 

SB 89 could also exacerbate flooding by removing regulations that control the destruction of headwater streams. The tragic human cost of this has been felt all too often in recent years. We haven’t completely dug out from the 2022 floods yet, and now we’ve just been hit again by deadly flooding across much of the state.

The economic costs of this could be staggering as well, from damaged infrastructure to disrupted agricultural production, to increased water treatment costs. 

What are Madon and the other legislators who support SB 89 thinking? 

Kentucky’s waters are more than just a resource — they are an integral part of our heritage and identity. 

We don’t need Washington, D.C., to dictate the fate of our rivers, streams and groundwater. If we let SB 89 pass, we are sacrificing the future of our water quality and putting the health and prosperity of future generations in peril. And for what? Because some of our local politicians want to hand it all over to Washington? 

It’s time to stand up for Kentucky’s waters and for Kentucky’s right to self-govern. No one takes care of us like we take care of us. We must safeguard our own water, and say no to state Sen. Madon’s attempt to hand over Kentucky’s water laws to the federal government.

By: Emma Kelly, who is a native of Bell County who currently lives in Rose Hill, Va.

Info via the Lexington Herald Leader