WATER QUALITY

1. LAWS, REGULATIONS AND POLICIES GOVERNING WATER QUALITY ON NATIONAL FORESTS

   1. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
      1. Requires all federal agencies to prepare information on the environmental impacts of major actions and to weigh those impacts in their decision-making process.
      2. NEPA is only procedural - it doesn’t prohibit contaminating water; it just requires that the contamination be fully assessed.
      3. EXAMPLE: A road construction and logging project was stopped on the Six Rivers National Forest inpart because the EIS failed to adequately: (1) disclose the water quality impacts, and (2) describe the measures to be taken to mitigate water quality impacts. Northwest Indian Cemetary Protective Association v. Peterson, 764 F.2d 581 (9th cir. 1985) (a.k.a. the “G-O Road” case).

   2. NATIONAL FOREST MANAGEMENT ACT (NFMA)
      1. Requires that timber be harvested only where:
         1. “soil, slope, or other watershed conditions will not be irreversibly damaged;”
         2. “protection is provided for streams, streambanks, shorelines, lakes, wetlands, and other bodies of water” (16 USC 1604 (g)(E)).
      2. Defines riparian zones as areas of riparian vegetation, approximately 100 feet from the edge of perrennial water bodies. In these areas, no management practices are permitted which would cause serious and adverse effects in water temperature, chemical composition, flow, sediment loads, and fish habitats.

   3. CLEAN WATER ACT (CWA)
      1. Objective: “To restore and maintain the chemical, physical and biological integrity of the nation’s waters.” (33 USCA 1251(a)).
      2. Water quality standards are set by the states with EPA guidance.
      3. Anti-degradation:
         1. Protect and maintain existing uses.
         2. Protect and maintain water quality which exceeds the levels necessary to support fisheries and recreation, unless the degradation is necessary to achieve important economic or social development; however, in no case can the water quality standards be violated.
      4. Best Management Practices (BMP’s)
         1. BMP’s are defined as management practices used to reduce or eliminate pollution discharges from nonpoint sources.
         2. Voluntary in Utah
         3. EXAMPLE: The ruling on the “G-O Road” case dealt with CWA, in addition to NEPA, finding that the logging and road building would violate water quality standards. The Forest Service argued that because they proposed to use BMP’s, the standards were not relevant. The court however, concluded that: “Adherence to the BMP’s does not automatically ensure that the applicable state standards are being met.”

   4. FOREST PLANS
      1. All forest plans include some standards and guidelines (S&G’s) for protecting water quality, though they tend to be quite general.
      2. Water quality S&G’s can be found in several sections of the forest plan (wildlife, range, timber, watershed, soils, mitigation...). Also, look in both the forest-wide and management area sections.

   5. INDICATOR SPECIES AND SENSITIVE SPECIES
      1. Check the Forest Plan management and/or monitoring requirements for the listed Management Indicator Species (MIS) to see if any fish species are included.
      2. Also check Forest Plan requirements for sensitive, threatened, and endangered species. On the Fishlake National Forest these include the Bonneville cutthroat trout which is a sensitive species.

2. ADDITIONAL THINGS TO LOOK FOR:

   1. Existing soil conditions:

      Of particular concern are highly erosive soils or soils subject to mass movement. There may be statements in the EA or EIS regarding unstable soils. Also, talk with the forest’s Soil Scientist and/or ask to see soil survey maps.

   2. Soil loss, water yield, and sedimentation estimates:

      It’s important to know what the natural sediment yield is because it’s possible that past management activities have so degraded the watersheds in the project area that predicted increases in sediment yield are insignificant.

   3. Steep slopes:

      Any logging unit or road planned for a steep slope adjacent to a watershed should be examined closely for unstable soils. Steep slopes have a greater tendency for erosion and mass movement than level areas.

   4. Best Management Practices (BMP’s)

      Are BMP’s spelled out in the EA or EIS, or are they simply referenced in general to the “Soil and Water Conservation Practices Handbook”? They should be spelled out for each project in the EA or EIS.