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"corrective action plans" to remedy the situation. Finally, in the event producers fail to 

 cooperate with TSSWCB's program, TSSWCB rules require the agency to refer those cases to 

 TNIRCC, the state water quality regulatory agency, for enforcement action. 



"Planned Intervention" on a National Scale 



"Planned intervention" provides a viable institutional framework for inducing environmental 

 compliance by agricultural producers. Over the past six months, TIAER has worked with 

 representatives of the agricultural and environmental communities in Washington, D.C. to 

 incorporate the "planned intervention" approach into CWA reauthorization legislation. That 

 work has produced the Agricultural Watershed "Planned Intervention" Act of 1994, which may 

 soon be introduced in the House by Congressman Stenholm. The Act details application of 

 "planned intervention" in "targeted watersheds," and also provides for the development of 

 nonpoint source water quality criteria and a consensus-building forum for representatives of the 

 agricultural and environmental communities concerning environmental compliance by agriculture. 

 Thus, the Act resolves two issues which have troubled environmental policymakers addressing 

 agricultural nonpoint source pollution: 1) development of an institutional linkage between 

 voluntary and enforcement programs; and 2) implementation of those programs on a watershed 

 basis. 



Under the Act, states must revise their section 319 nonpoint source management programs to 

 provide for a state Agricultural Lead Agency to direct agricultural nonpoint source pollution 

 prevention and abatement efforts in the state. The Act provides that the Agricultural Lead 

 Agency "shall be the State conservation agency charged with coordinating the activities of local 

 conservation districts, or other State agency capable of developing and implementing agricultural 

 nonpoint source pollution prevention and abatement prognuns in watersheds significantly 

 impacted by agricultural nonpoint source pollution." A State Nonpoint Source Pollution Action 

 Committee is established to assist the Lead Agency in developing the State Agricultural Nonpoint 

 Source Management Plan. The Lead Agency designates Targeted Agricultural Watersheds, i.e., 

 watersheds "significantly impaired by agricultural nonpoint source pollution." Thereafter, the 

 Lead Agency and local conservation districts identify Micro-watersheds within Targeted 

 Watersheds. Micro-watersheds must be sufficiently small to allow all stakeholders in an area 

 to meet as a Micro-watershed Consortium to identify pollution problems, develop collective 

 solutions, and monitor for improved water quality subsequent to the implementation of improved 

 technologies and management practices. Local conservation districts help organize and facilitate 

 Micro-watershed Consortia meetings. 



Once the Lead Agency designates a Targeted Watershed and associated Micro-watersheds, the 

 Lead Agency and local conservation districts identify types of agricultural operations in the 

 Micro-watersheds that must develop and implement site-specific Water Quality Management 

 Plans. Those operations must develop Plans within three years, and implement those Plans no 

 later than five years thereafter. The Act provides for complaint investigation by the Lead 

 Agency and an alternative dispute resolution process within local conservation districts similar 

 to that existing in Texas. Producers failing to cooperate with the Lead Agency to develop Water 



lcn006./TIAER:3/21/94 



