Hunters and Anglers must stop Senate Bill 89 (SB89). SB89 abandons Kentucky’s definition of “Waters of the Commonwealth” contained in KRS 244.1-010, replacing it with the federal definition of “navigable waters” under the Clean Water Act (CWA) 33 U.SC. sec 1362. As such, SB89 removes Kentucky’s authority to define what waters are within its jurisdictional boundaries, and removes all protections for wetlands, headwaters, and groundwater.
Senate Bill 89 was filed by Kentucky Senator Scott Madon of south eastern Kentucky with the intent to remove burdensome permitting processes and costs for industry and development. Instead of adjusting permitting requirements, SB89 simply abandons Kentucky’s definition of “waters of the commonwealth” for the federal definition of “navigable waters.” By relying solely on the federal definition, SB89 would make Kentucky the only state in the United States to surrender its jurisdictional authority to define its waters and jeopardizes our primacy to self-regulate and govern over waters.
Failing to stop SB89 allows the federal government to dictate what waters are in Kentucky. Federal legislators control the definition contained in 33 U.S.C sec. 1362, while unelected administrative officials in the EPA and Army Corps of Engineers decide how to implement the definition.
Adopting the federal definition of “navigable waters” eliminates all protections for Kentucky’s wetlands, headwaters, and groundwater. It is estimated that 65% of Kentucky’s waterways are headwaters, that Kentucky has already lost 80% of our historic wetlands, and that 1.5 million Kentucky residents get drinking water from groundwater. Another 416 million using private wells for drinking water, industrial use, monitoring and agriculture.
Hunting and fishing are not only treasured traditions in Kentucky but also significant contributors to our state’s economy. According to the Kentucky Department of Fish and Wildlife Resources, hunting and fishing generate over $2.7 billion annually in economic activity in Kentucky. Boating generates $1.9 billion and wildlife viewing $1.3 billion, engaging 3,420,000 participants. A newer estimate in 2022 report that hunting, fishing and wildlife viewing generated a $11.2 billion economic impact in Kentucky.
These activities support more than 70,000 jobs and provide hundreds of millions in tax revenue that funds critical public services and conservation efforts in Kentucky. Specifically, $343.9 million to state and local governments, and $373.1 million in federal revenue. Healthy habitats, clean water, and robust wildlife populations are the foundation of this economic engine. Without them, the outdoor recreation economy—and the livelihoods of thousands of Kentuckians—would be in jeopardy.
As stewards of Kentucky’s natural resources, hunters and anglers have long been at the forefront of conservation efforts. Through license fees, excise taxes on equipment, and voluntary contributions, we have collectively invested millions of dollars in conserving wildlife habitats and ensuring public access to outdoor spaces. SB89 undermines these efforts by threatening the very ecosystems we have worked so hard to protect.
If you wish to review the bill you may do so at this link: https://apps.legislature.ky.gov/record/25rs/sb89.html
About Kentucky BHA
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