KWA Opposes SB89: Press Release 2.17.25

Kentucky Waterways Alliance Strongly Opposes SB89, Urges Lawmakers to Vote No or Revise Language
FOR IMMEDIATE RELEASE
Contact: Michael Washburn, Executive Director 
[email protected]
Louisville, KY – February 17, 2025 – Kentucky Waterways Alliance (KWA) strongly opposes Senate Bill 89 (SB89), warning that redefining the “Waters of the Commonwealth” will have devastating impacts on millions of Kentucky residents. The proposed changes threaten drinking water, flood protection, agriculture, and outdoor recreation, jeopardizing the health, economy, and identity of the state.

“Advocating for clean water is not political or ideological—water follows only one path: downstream. Anything placed in a waterway will ultimately reach the lakes and streams we swim in, fish from, and drink from,” said Michael Washburn, Executive Director of KWA. “SB89 eliminates vital protections, exposing Kentuckians to irreversible harm.”

SB89’s proponents argue it will benefit industry and job growth, but KWA warns that its unintended consequences far outweigh any perceived benefits. City and county governments, utilities, farmers, hunters, anglers, and environmental experts have all raised alarm, calling the bill catastrophic for Kentucky’s people and economy.

If enacted, SB89 would strip Kentucky of its authority to regulate state waters beyond federally protected “waters of the United States” (40 CFR 120.2). “This would be like limiting police to only patrolling interstates while ignoring local roads,” Washburn added. “It’s a reckless move that hands over control of Kentucky’s waters to polluters.”

The economic implications are staggering. Outdoor recreation, an industry reliant on clean water and healthy ecosystems, contributes billions to the state economy and supports 70,000 jobs. According to the Kentucky Department of Fish and Wildlife Resources, the industry generates:

• $1.2 billion from fishing
• $1.9 billion from boating
• $1.3 billion from wildlife viewing
• $1.5 billion from hunting
• $343.9 million in state and local revenue
• $373.1 million in federal revenue

“SB89 threatens the very foundation of this economic engine. Once our waterways are polluted, the damage is irreversible,” Washburn said. The bill would also worsen Kentucky’s flood crisis. Kentucky ranks among the most disaster-prone states, with eight of the nation’s top ten counties for major declared disasters from 2011-2023. Nineteen of the twenty declared disasters were due to severe storms and flooding. Reducing protections for wetlands and waterways will only increase flood risks and shift costly environmental damage onto residents.

“Never in history has a right to pollute been granted without being exercised,” Washburn stated. “SB89 creates a right to pollute, and Kentucky will pay the price in lost drinking water, increased flooding, and economic decline.”
KWA urges lawmakers to hold SB89 for revisions that include input from Kentucky communities, nonprofits, and industries. If revisions are not made, KWA calls for the outright rejection of this dangerous legislation.
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Since 1993, Kentucky Waterways Alliance (KWA) has been the only statewide nonprofit organization focused on waterways in Kentucky. KWA works with communities on local watershed issues and advocates for better policies and programs at the state and national levels. With a mission to protect, restore, and celebrate Kentucky’s waterways, KWA’s work is making a difference in the quality of life for all Kentuckians. Learn more at www.kwalliance.org