The Kentucky General Assembly’s Republican supermajority overrode Gov. Andy Beshear’s veto of Kentucky Senate Bill 89 on March 25, 2025, narrowing the state’s definition of protected waters and shifting regulatory authority toward federal standards.
The bill’s narrower definition could remove protections from smaller streams, wetlands, and headwater tributaries that help filter pollutants, recharge groundwater, and support aquatic ecosystems across Kentucky.
The previous definition as defined in KRS 224.1-010 was “any and all rivers, streams, creeks, lakes, ponds, impounding reservoirs, springs, wells, marshes, and all other bodies of surface or underground water, natural or artificial, situated wholly or partly within or bordering upon the Commonwealth or within its jurisdiction,” the statute stated.
Environmental advocates warn that isolated wetlands, seasonal streams and some headwater tributaries, which help filter pollutants and control flooding, may no longer fall under state jurisdiction if this bill passes.
The change made by this bill will eliminate the current definition and only include “navigable waters” as defined in 33 U.S.C. sec. 1362. This aims to support the Kentucky coal industry, farmers and builders, and will exempt many bodies of water from anti-pollution regulation.
Supporters say the measure will reduce permitting delays and compliance costs for industries including coal mining. There are approximately 4,400 employees of coal mines in Kentucky, according to the Kentucky Energy and Environment Cabinet’s Quarterly Coal Report (2023 - Q2).
The Kentucky coal industry ranks sixth nationally, and Kentucky contains more coal mines than every state except West Virginia, according to the U.S. Energy Information Administration.
“The term “navigable waters” means the waters of the United States, including the territorial seas,” 33 U.S.C. sec. 1362 states.
The proposed definition adjustment will align with the stricter federal definition of bodies of water and wetlands. The federal definition of “waters of the United States” changed in 2023 due to a Supreme Court ruling on Sackett v. EPA.
Rebecca Goodman, the Secretary of the Energy and Environment Cabinet, stated in a letter to Kentucky House members on March 12 that by relying mostly on the federal definition, the bill would make Kentucky the only state in the U.S. to define its waters to the federal government, limiting the state's regulatory power. She emphasized that Kentucky should not be the exception in this matter, emphasizing that the House Committee Substitute does not effectively address this concern.
The bill passed the Kentucky Senate with strong bipartisan support on February 14. The vote totaled 30 yeas and five nays. Three senators, Berg, Girdler, and McDaniel, abstained. All five nay voters were Democrats.
Among Senate Bill 89’s sponsors, 13 identify as Republican and one as Democrat. The Senate Standing Committee of Natural Resources and Energy consists of eight of the bill’s sponsors and one, Senator Brandon Smith (R), holds the Committee chair.
The bill's primary sponsor, Senator Scott Madon (R), represents five counties in Eastern Kentucky. Sen. Madon did not respond to requests for comment.
The Ky Conservation Committee lists Senate Bill 89 as the only strongly opposed bill on their website.
Goodman noted in her letter that 156 public water systems provide service to over half a million connections, affecting more than 1.5 million Kentuckians. The impact extends to facilities such as nursing homes, schools, hospitals, parks, mobile home parks, and hotels. Three bottled water companies that distribute groundwater across the Commonwealth are also impacted.
More than 32,000 rural wells that lack municipal service could lose state-level protections, potentially increasing exposure to contaminants from mining and other industrial activity. Heavy metal contaminants can seep into private wells and groundwater sources as a result of mining operations, according to the Environmental Protection Agency.
People who consume high levels of heavy metals risk a multitude of health problems, including anemia, cancer or intestinal damage, according to the Environmental Protection Agency.
Groundwater in Kentucky is used for “drinking water, irrigation, and industrial use,” according to the Kentucky Energy and Environment Cabinet.
Water quality supports Kentucky’s outdoor economy, including fishing, boating, and wildlife tourism. Out-of-state visitors spend $1.3 billion annually, accounting for 13% of all visitor spending, sustaining more than 12,000 jobs, according to the Nature Conservancy. Statewide, recreational activity generates billions in wages and revenue, highlighting how healthy streams, lakes and wetlands underpin both ecosystems and the economy.
“Nationwide, Kentucky ranks among the top four states in terms of native freshwater fish diversity,” the Kentucky Department of Fish and Wildlife stated. “This is due in large part to an abundance of water bodies and a wide variety of aquatic habitats across the state – from swift upland streams to large sluggish rivers, oxbow lakes, and wetlands.”
“Now we are seeing unwarranted government overreach from our very own environmental and energy cabinet, permitting delays that risk jobs, unnecessary red tape that reduces our competitiveness, and out of control regulatory proposals that would impose over $100 million in additional cost to the coal industry,” Senator Madon said on the Senate floor on Feb. 14.
Senator Keturah Herron (D) said she feels the bill is too broad and may have unintended consequences. Sen. Herron was one of five senators who initially voted against Senate Bill 89.
“This decision gives coal companies greater freedom to pollute our headwater streams, at the expense of the tens of thousands of homes, farms and businesses that depend on groundwater from private wells in rural Kentucky,” Michael Washburn, Kentucky Waterways Alliance executive director, told the Kentucky Lantern. “To the polluters who championed this bill: we are watching. We have built a resilient, determined coalition — and we are ready to act.”
