Kentucky bill would give coal, other industries the right to pollute our water
Imagine if Kentucky limited police officers to patrolling only interstates and state highways, stripping them of authority to enforce laws on county roads and city streets. The result? Chaos. Gaping holes in enforcement. Critical safety concerns left unaddressed.
This is precisely what Senate Bill 89 would do to our state's ability to protect its water. By redefining 'Waters of the Commonwealth,' SB 89 removes Kentucky's authority over countless streams, wetlands and groundwater sources, leaving them unprotected — unless they qualify as 'Waters of the United States' under federal law. That's like saying state police should only intervene in crimes happening on federal property.
SB 89 is being promoted as a win for industry, particularly coal, but the consequences would be disastrous. Every local official, farmer, hunter, angler and conservationist we've spoken with shares the same concern: This bill would strip Kentucky of its ability to safeguard its water.
More than a million Kentuckians rely on groundwater for drinking water. That includes thousands of families in rural communities who don't have access to municipal water systems. SB 89 removes permitting and protections for groundwater, opening the door to contamination from industrial runoff, toxic chemicals and waste disposal.
When industries are granted the right to pollute, history shows they will. Groundwater contamination isn't just an environmental issue — it's a public health crisis. Pollutants like arsenic, nitrates and heavy metals can seep into drinking water, increasing risks for cancer, developmental disorders and other long-term health effects.
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Cleanup is not just expensive — it's nearly impossible. Once contaminants enter an aquifer, they can persist for decades. The cost of water treatment skyrockets, leaving taxpayers footing the bill while their water becomes less safe to drink.
Kentucky is a water state. Our rivers, lakes and streams define our landscapes, power our economy and sustain our way of life. Outdoor recreation alone generates billions annually:
● $1.2 billion from fishing
● $1.9 billion from boating
● $1.3 billion from wildlife viewing
● $1.5 billion from hunting
● 70,000 jobs supported
● $343.9 million in state/local revenue
This bill threatens all of that. Clean water is not a partisan issue. It is a right — one that SB 89 undermines.
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Flooding is another pressing concern. Kentucky already holds eight of the top 10 counties nationwide for the most federally declared disasters from 2011–2023 — primarily due to flooding. Johnson County alone had 15 major disasters in 12 years. SB 89 weakens wetland protections, which means even worse flooding, more disasters, and higher recovery costs.
Wetlands act as natural sponges, absorbing floodwaters and reducing damage to homes, farms and infrastructure. If SB 89 passes, we lose those protections and Kentuckians will pay the price — again and again.
The supporters of this bill claim they're cutting red tape. But in reality, they're cutting the safety net that protects Kentuckians from the long-term costs of pollution and flood damage.
And let's be clear: When industry is granted the right to pollute, it does. There has never been a time in history when a right to pollute was created and left unused. SB 89 would enshrine that right in Kentucky law. Once our waterways are compromised, the damage will be permanent.
We urge Kentucky legislators to put the people of this state first. Hold SB 89. Give communities and industries time to propose amendments that protect our water. If that's not possible, vote no.
Kentucky's identity — and future — depend on it.
Michael Washburn is executive director of Kentucky Waterways Alliance, a nonprofit that has been protecting, restoring, and celebrating the waterways of Kentucky since 1993.
Agree or disagree? Submit a letter to the editor.
This article originally appeared on Louisville Courier Journal: KY faces contaminated water, worse flooding if SB 89 passes | Opinion
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