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Kentucky governor vetoes bill gutting waterway protections

Gov. Andy Beshear in Dawson Springs on Dec. 11, 2021, the afternoon following the largest tornado system to ever hit the state.
Ryan Van Velzer
/
KPR
Gov. Andy Beshear in Dawson Springs on Dec. 11, 2021, the afternoon following the largest tornado system to ever hit the state.

Gov. Andy Beshear has vetoed legislation that would redefine Kentucky waters to more closely align with navigable waters as defined by federal law.

Amid a slew of vetoes, Democratic Gov. Andy Beshear rejected a bill Tuesday that would roll back protections for many state waterways.

Beshear said Senate Bill 89 doesn’t protect groundwater for more than 150 public water systems that, combined, are used by more than 1.5 million Kentuckians.

“Kentuckians deserve a government that protects one of the commonwealth’s most abundant natural resources,” Beshear said in his veto message. “Failing to protect all water sources in Kentucky will result in pollution, sickness and more dangerous flooding.”

SB 89 would change the definition of “waters of the commonwealth,” reducing state oversight of pollution so that it applies largely to what the federal government classifies as “navigable waters,” which would include some creeks, lakes and rivers.

Republicans in favor of the legislation say the measure is designed to provide more certainty around rules for businesses. They say it’s backed by industries including coal, oil and manufacturing.

“The effect of this change means that Kentucky cannot regulate more stringent than federal law, protecting our job creators from unnecessary government red tape,” Republican Sen. Scott Madon of Pineville, the measure’s lead sponsor, said in committee.

Environmental groups have strongly opposed the legislation since its inception. Even after changes to the bill, groups including the Kentucky Resources Council and the Sierra Club say it would put too much of the state’s groundwater at risk of pollution.

“From miner’s sons to retired hippies, Kentuckians from across the political spectrum have made it clear — clean water is not a political issue, it is a Kentucky issue,” said Kentucky Sierra Club Director Julia Finch. “Our state is not a dumping ground for corporate elites to take advantage of while they try to cut some overhead.”

The updated version of SB 89 keeps in place regulations that protect different kinds of natural springs and sinkholes, and wellhead protection areas that help shield wells that support public water systems from contamination.

A Kentucky Resources Council analysis found the bill would deprive protections from thousands of private wells across the state, and leave other untapped groundwater resources without them.

Beshear vetoed 12 bills Tuesday night including a measure that waives sales and use taxes for gold and another that criminalizes interference with legislative proceedings — for which there are already existing laws. He also line-item vetoed House Bill 546 to remove language that would have imposed tolls to fund a river crossing project on Interstate 69.

The General Assembly has two days left of the regular 2025 session where lawmakers will have the opportunity to override Beshear’s vetoes.

State government and politics reporting is supported in part by the Corporation for Public Broadcasting.

Ryan Van Velzer is the Kentucky Public Radio Managing Editor. Email Ryan at rvanvelzer@lpm.org.

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