(#2) JULY 11, 1991. THE PROBLEM: LOSS OF UTAH's Valuable WETLANDS Summary: Utah's wetlands are critical on a State, national and international level for numerous species of birds. They also have major socioeconomic benefits such as improving water quality and providing flood protection. While Utah has lost a smaller percentage of its wetlands than most other states, it is an arid state with far less to lose. Utah's industrial and agricultural expansion coupled with population growth, are severely threatening Utah's valuable wetlands. Background: Utah now has an estimated 1 percent (or 558,000 acres) of its lands in wetlands, while the United States, lower 48 states have about 5 percent (1). Most of Utah's wetlands are associated with "several large lakes and the delta areas where the rivers enter the lake" (2). "Utah's wetlands are extensively used by migratory waterfowl, shore and wading birds, and a myriad of songbirds for breeding and as a migratory stopover for resting and feeding" (2). "The wetlands associated with the Great Salt Lake comprise 80 percent of the total wetlands in the State." The Lake has been nominated as a wetland area of international importance by the International Union for Conservation of Nature and Natural Resources and is part of the Western Hemisphere Shorebird Reserve Network (2). "The riverine wetlands provide a vital corridor for migratory movement of smaller birds through the arid habitats of the western States" (2). "Utah wetlands provide a vital, but generally unrecognized, function in the improvement of water quality and associated quantity, allowing its reuse. The value of wetland in flood control is emerging, resulting in a reduction of wetland losses and even improvement in the efforts to restore the function of wetlands by governmental entities" (2). The Problem: Utah lost an estimated 244,000 acres, or 30 percent, of its wetlands from the 1780's to the 1980's. By comparison, the lower 48 states lost an estimated 117 Million acres, or 53 percent, of its wetlands during this same time period (1). In the early days of settlement the wetlands associated with the several large lakes and delta areas "were marginal for intensive agricultural use and as such were not seriously impacted. The more ecologically productive areas were set aside as refuges. Subsequent industrial and agricultural expansion, coupled with human population growth, has resulted in encroachment on lacustrine wetland habitats and severe reductions in available water for those wetland areas, including those protected (2). The palustrine wetlands that surround the major lakes such as Utah Lake and the Great Salt Lake are faced with a threat of piecemeal degradation that has resulted from their ephemeral, intermittent appearance, causing shortsighted and inadequate application of the laws for their protection by responsible agencies" (2). "An estimated 50 to 60 percent of riparian wetlands has been lost. In urban growth areas, many of the remaining riverine wetlands are being converted to industrial or residential uses. *** Recently, field studies have identified the presence of environmental contaminants at detrimental levels in wetland areas of the Sevier River and Green River drainages. In some areas, these contaminants (e.g., selenium and boron) are affecting general wildlife production and adult survivability" (2). The National Status Summary concludes. "over a 200-year timespan, wetland acreage has diminished to the point where environmental and even socio-economic benefits (i.e.. ground water supply and water quality shoreline erosion, floodwater storage and trapping of sediments. and climatic changes) are now seriously threatened (1). REFERENCES Dahl, T.E. 1990. Wetlands Losses in the United States 1780's to 1980's. U.S. Department of the Interior, Fish and Wildlife Service, Wash., D.C. U.S. Fish and Wildlife Service, Mountain-Prairie Region. July 1990. Regional Wetlands concept Plan: Emergency Wetlands Resources Act. very American citizen has the right to own, use and enjoy private property. This right is central to our basic democratic traditions. Americans have long recognized that the security of private property ownership, and the public health and welfare require reasonable regulation of business activity and other uses of property. Today. however, certain special interest groups are promoting a radical new understanding of private property rights that would adversely affect 65million homeowners in this country. Their goal is to distort the true meaning of traditional American property rights in order to undermine environmental laws and other regulatory programs that they oppose. onservation and Sound environmental protection sarve the beauty and stability of a Many resources that American citions use and enjoy - such as oceans, rivers, air, wildlife — are public resources that no company or individual has a right to exploit without regard to the broader public interest. Limitations on the disposal of hazardous wastes or restrictions on svalopament in order to protect certainly can limit private party rights. But the public is titled to prosection of its rights to public resources. A primary goal of environmental laws is to achieve a reasonable balance between conflicting, but equally legitimate, public and private rights. In September. Republicans led by Newt Gingrich (R-GA) issued the Contract with America, a 10-point program outlining their goals for the 104th Congress. One element of this program, the so-called "Job Creation and Wage Enhancement Act," includes a proposal, "Title IX. Private Property Rights Protections and Compensation," which would radically redefine traditional American property rights. Title IX would grant certain property owners the right to public payments "for any reduction in the value of property" arising from a limitation on an otherwise lawful use of property which is “measurable but not negligible." The bill defines any “reduction" in value of 10 percent or more as "not negligible." Stated differently, the bill would require taxpayers to pay whenever a public health or safety law meant that a company's profits would be 10% less than they would be if the company could simply ignore the law. The proposed bill would allow a property owner to file an administrative claim for payment from the federal government. If a property owner rejected a federal agency's offer of payment, the owner could demand binding arbitration. In addition, upon receipt of a request for payment, an agency would be required to suspend its regulatory action. In other words, for the cost of a 32 cent stamp any company or individual that objected to a regulation could block its enforcement by filing a claim under Title IX. UNDERMINING TRUE PRIVATE PROPERTY PROTECTIONS "property rights" bill in the last Congress which would have redefined property interests regulated under the Clean Water Act would have cost taxpayers upwards of $10 billion. Conservatively, it is fair to conclude that the Title IX would impose hundreds of billions of new costs on the federal taxpayer. Title IX are based on the extreme philosophy that citizens and their elected representatives have no role in regulating private property to protect neighboring property owners. the community, the natural environment, or future generations. These bills would actually undermine the property rights of a majority of Americans. Zoning laws, environmental regulations, and restrictions on the siting of new industry protect the property values of 65 million American homeowners. The value of a family's home is largely dependent on the health and attractiveness of the surrounding community. If the enforcement of basic laws that homeowners rely on to protect their property values were saddled with enormous new costs. homeowners would see their property values go down. By contrast, the relative handful of wealthy corporations and individuals who own the lion's share of undeveloped land in this country would benefit handsomely from Title IX. Action in 1995 Congress should reject any and all property rights legislation or amendments and rely on the 5th Amendment of the Constitution, which has effectively and fairly dealt with legitimate government takings for more than two centuries. etlands are among our nation's most valuable natural areas. contributing tens of billions of dollars and hundreds of thousands of jobs to the national economy each year. The cost of destroying wetlands includes not only the elimination of these benefits, but the outlay of substantial expenditures to pay for the replication of the functions a natural wetlands system provides. The presence of water gives wetland areas remarkable biological productivity. Many species of migratory waterfowl, wading birds, and songbirds depend on wetlands for their existence. Seventy percent of commercially important fish and shellfish species use wetlands as nursery and spawning grounds. An estimated 43% of all endangered species spend part of their lives in wetland habitat. Additionally, wetlands absorb and store water after heavy rains, lowering flood levels and reducing flood damage; purify our nation's water supply by capturing pollutants and excessive nutrients such as phosphorus and nitrogen; absorb impacts of storm surges thereby stabilizing fragile coastlines during major storm events; and naturally recharge our fresh water supply in groundwater reserves. More and more communities are looking to local wetlands as a source of sewage or other water pollution treatment, and state and federal agencies are now recreating riverine wetlands that were destroyed along the Mississippi River as natural flood barriers for the future. At the time of European settlement, there were approximately 220 million acres of wetlands in the contiguous United States. More than half of those wetlands have since been destroyed or degraded by filling, drainage, dredg ing, erosion and pollution. As increasing numbers of wetlands are lost up to 290,000 acres each year - those that remain have taken on additional value. The Economics of Wetlands The economic activity related to wetlands generates at least $72 billion annually and almost one million jobs. according to a study commissioned by National Audubon Society in April the 1994. Expenditures on wetland-related recreation alone totaled an estimated $22.8 billion in 1991; related jobs total over 750,000. These numbers include the indirect and induced economic impacts of annual expenditures from our nation's 18 million recreational hunters, 35 million anglers and the 30 million Americans who enjoy wildlife viewing and photography. In each case, the activities were generated by wildlife that depends on wetlands habitat for at least part of its life cycle. The abundance of wildlife produced by natural wetland conditions also contributes to another vital source of the American economy: commercial trapping and fishing. Nearly $2 billion is paid at landing for fish and shellfish and $10 million is generated in trapped animal furs from species dependent on wetlands each year. These two activities employ an estimated 210,000 people as commercial fishers and trappers. Logging of the low-value tree species specific to wetlands generated over $1 billion in total economic activity in 1991. Perhaps most important of all the economic aspects involving wetlands is the cost of replicating the functions they provide once a wetland as been destroyed. If the nation's remaining wetlands were to be destroyed, AN ECONOMIC INVESTMENT |