SB 89: Impacts on the Waters of the Commonwealth

2025 Senate Bill 89: Removing Protections for Waters of the Commonwealth
SB 89 – (S. Madon) – An act relating to environmental protection and declaring an emergency.
 
Kentucky Waterways Alliance Strongly Opposes SB89 as it threatens:
Drinking Water – Groundwater – Wetlands – Headwaters – Increases Water Pollution 

• 1.5 million Kentucky residents get drinking water from groundwater.
• Kentucky has 416 million private drinking wells, industrial wells, monitoring and agricultural wells.
• 65% of Kentucky’s waters are headwaters and ephemeral streams.
• 80% of Kentucky’s historical wetlands have already been lost.

What SB89 Does:

• SB89 replaces the current definition of “Waters of the Commonwealth” at KRS 224.1-010(32) with the federal definition of “navigable waters” as defined by 33 U.S.C. sec. 1362.

SB89 Harmful Impact – Practical Effect

• SB89 removes Kentucky’s jurisdictional authority/primacy to define what waters are within our state boundaries, except for federal navigable waters.
• SB89 removes Kentucky’s jurisdictional authority/primacy to govern over waters within our state boundaries, except for federal navigable waters.
• This would be like limiting police to only patrolling interstates while ignoring local roads.
• Kentucky would be the only state in the United States to abandon its sovereignty to define its jurisdictional authority over its own water, surrendering this power to the federal government to change or treat as it wishes.
• SB89 removes all protections and authority to govern groundwater, wetlands, and headwaters.

SB89 Harmful Outcomes:

• More overall water pollution would be allowed across the entire Commonwealth.
• All protection for groundwater drinking sources and wells would be removed
• No prohibition on dumping, filling, or releasing pollutants in headwater streams, compromising all streams, rivers, and lakes downstream.
• Drinking water treatment costs could increase for city and county residents and governments.
• Increased flood risk due to reduced protections for and loss of wetlands.
• Cost of pollution controls could increase for permitted industry due to intake treatment costs and more stringent limits due to degraded water quality in waterways.
• Increased confusion and uncertainty of regulated waters for industry and development due to continuously changing definition of federal “navigable waters” definition.
• Loss of groundwater protection from landfills and superfund sites.

Kentuckians Suffering from Unintended Consequences of Well Intended Regulations

• Kentuckians are worth investing in balanced permitting and environmental protections.

• Balanced permitting ensures responsible development and prevents shifting burdens of environmental damage onto Kentucky residents.
• Harmful unintended consequences to wetlands and headwaters are already harming Kentucky residents.
• 8 of the top 10 counties in the US experiencing the most major disasters in the past 12 years are in KY.
  • Johnson County is 1st in the nation experiencing 15 major disasters in 12 years.
• Owsley County is 9th in the nation experiencing 13 major disasters in 12 years.
  • Floyd 2nd - 14, Lawrence 4th - 14, Magoffin 5th - 14, Knott 6th - 14, Clay 7th - 13, Lee 8th - 13
• 19 of the past 20 disasters were severe storms and flooding. One disaster was a winter storm.

Importance of Clean, Abundant Water

• Reliable, high-quality supply of water supports public health, quality of life and the economy.
• Clean, abundant water creates jobs and opportunities and grows communities.
• Water is the lifeline and cornerstone for Kentucky’s top industries
  • 76,000 farms, 13 million acres of farmland – Agriculture is 50% of KY’s total land acreage.
  • 4,500 manufacturing facilities, 250,000 jobs – Manufacturing is $37.5 million to KY’s GDP.
  • 175 health care-related businesses, 30,000 jobs – 315 gallons used per hospital bed per day.
  • 173 school districts, 1,233 schools, 22,284 gallons of water used by average school per day.
• Bourbon produces $8.94 billion in economic output of Kentucky.
  • 95% of global bourbon is made in Kentucky - 240 breweries and distillers - 22,450 jobs
• Outdoor Recreation Industry is extremely reliant on clean water and healthy habitats.
  • $8.4 billion in outdoor recreational consumer spending in Kentucky in 2013.
  • $11.2 billion estimated economic impact from fishing, hunting, and wildlife viewing in 2022.
  • Creates 70,000 jobs, $2.5 million in wages and engages 3.42 million participants.
  • Generates $552 Million for state and local revenue and $373.1 Million in federal revenue.

Abundant, Clean Water is a right of every Kentucky resident. Clean water is not political or ideological.
If the right to pollute water is created, Kentucky’s water will be more polluted.
We all live downstream.
Kentucky is water. Water is commonwealth
 
Contact – Nick Hart, Water Policy Director KWA – 502-472-7971 – [email protected]