House committee backs bill to give Legislature review power over watershed moratoriums

Senators and representatives in the committee voted to advance Senate Bill 290, a measure that would require moratoriums placed on activities in Arkansas watersheds to be reviewed by the Legislature before they remain in effect.

Proponents said the bill restores a role for the General Assembly in reviewing moratoriums and protects farmers and other property owners. Representative Dan Baut (District 87), the bill’s presenter, said SB290 "is just giving us back that power to review moratoriums that are placed on watersheds in the state of Arkansas." He added the bill does not aim to repeal moratoriums automatically but to create a legislative review step.

Opponents, including conservation groups, state agency leaders and an attorney who represented the Buffalo River Watershed Alliance in litigation, said the bill is unnecessary and risks public-health and water-quality protections. Gordon Watkins, president of the Buffalo River Watershed Alliance and a long-time Newton County farmer, argued the change is redundant with existing law and would create an extra layer of review. Richard H. Mays, an attorney who represented the Buffalo River Watershed Alliance in litigation that resulted in the state acquiring a hog farm, said the existing moratoriums "were put there after a lot of scientific study, a lot of hearings," and that those protections matter because people drink from Lake Maumelle and other sources.

Agency witnesses told the committee the current administrative process already gives the Legislature review authority for rules and regulations. Shane Coring, introduced as secretary for the Arkansas Department of Energy and Environment, said the bill’s language is overbroad and could undermine the agencies’ ability to include necessary permit terms to protect watersheds. Coring also noted that the moratoria now at issue were adopted through rule processes and that proposed rule amendments pending before the rules committee include recommendations to continue narrowly targeted moratoriums for the Buffalo River and Lake Maumelle watersheds.

Representatives of the Arkansas Farm Bureau and Arkansas Cattlemen’s Association urged support for SB290 on behalf of farmers, citing concerns about private-property rights and impacts on agriculture across the state. Mark Lambert, director of state affairs for Arkansas Farm Bureau, said the bill would give elected officials "a voice in the rule making process" and warned that singling out one industry in a watershed could chill other farms across Arkansas.

During questioning, agency witnesses and lawmakers clarified that the two existing moratoriums — for the Buffalo River watershed and for Lake Maumelle — remain in effect under current law and that rule-making and review processes exist to continue or change them. Witnesses also described the Buffalo moratorium as limited to larger concentrated animal feeding operations (CAFOs) and noted a range of local water-quality concerns, including karst geology that can increase vulnerability to contamination.

After public and agency testimony, the committee moved SB290 out of committee on a do-pass motion. A roll call vote was recorded in the transcript and the motion carried; the committee chair announced that the bill passes.

The committee hearing included more than a dozen public witnesses, representing farmers, trade associations, conservation groups and state agencies. Several speakers emphasized a balance between agricultural livelihoods and water protection; others warned the bill would reduce transparency by creating a special procedure outside normal rulemaking.

SB290 now proceeds from the committee to the next floor or committee step indicated by the House rules.