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Guidance Documents on the Definition of "Waters of the United States" Rapanos v. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. Waters of the United States do not include prior converted cropland. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States.

Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (s)(1) through (6) of this section.

Tributaries of waters identified in paragraphs (s)(1) through (4) of this section.

All impoundments of waters otherwise defined as waters of the United States under this definition.

Which are used or could be used for industrial purposes by industries in interstate commerce.

(From which fish or shellfish are or could be taken and sold in interstate or foreign commerce or.

Which are or could be used by interstate or foreign travelers for recreational or other purposes or.

All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters:.

All interstate waters including interstate wetlands.

All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.

40 CFR 230.3(s) indicates that the term “waters of the United States” means: Until the Navigable Waters Protection Rule takes effect, the Step One rule is in effect. Current Regulatory Definition of “Waters of the United States” Recodified in the Step One Rule

If a state, tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office or the EPA. Read the pre-publication version of the final rule. The final rule fulfills Executive Order 13788 and reflects legal precedent set by key Supreme Court cases as well as robust public outreach and engagement, including pre-proposal input and comments received on the proposed rule. defines terms in the regulatory text that have never been defined before.Ĭongress, in the Clean Water Act, explicitly directed the Agencies to protect “navigable waters.” The Navigable Waters Protection Rule regulates these waters and the core tributary systems that provide perennial or intermittent flow into them.provides clear exclusions for many water features that traditionally have not been regulated, and.includes four simple categories of jurisdictional waters,.For the first time, the agencies are streamlining the definition so that it: On January 23, 2020, the EPA and the Department of the Army (Army) finalized the Navigable Waters Protection Rule to define “waters of the United States” (WOTUS).

The Step One rule will be replaced by the Navigable Waters Protection Rule upon its effective date, 60 days after publication in the Federal Register.