EPA, Army propose new WOTUS definition aimed at clarity and regulatory certainty
Key Highlights
- The proposed rule defines key terms such as 'tributary' and 'wetlands' to narrow federal jurisdiction under the Clean Water Act.
- Exclusions include certain ditches, prior converted cropland, waste treatment systems, and groundwater for the first time.
- The rule aims to balance environmental protections with state and tribal authority, incorporating feedback from public listening sessions.
The U.S. Environmental Protection Agency (EPA) and the U.S. Army released a proposed waters of the United States (WOTUS) rule this week, outlining a more “clear, durable, common-sense” definition of federally regulated waters under the Clean Water Act. The proposal follows the Supreme Court’s Sackett decision and reflects the Trump Administration’s policy direction.
Announced at EPA headquarters in Washington, D.C., the proposal defines key terms—such as “relatively permanent,” “continuous surface connection,” and “tributary”—to narrow federal jurisdiction and provide more predictability for landowners. The rule also reaffirms that wetlands must be “indistinguishable from jurisdictional waters through a continuous surface connection,” meaning they must touch a jurisdictional water and hold surface water for a sufficient duration each year.
Other proposed revisions include exclusions for certain ditches, prior converted cropland, waste treatment systems, and—for the first time—groundwater. EPA said the rule incorporates regionally familiar terminology, such as “wet season,” to help determine whether waters qualify as WOTUS.
“When it comes to the definition of ‘waters of the United States,’ EPA has an important responsibility to protect water resources while setting clear and practical rules of the road that accelerate economic growth and opportunity,” said EPA Administrator Lee Zeldin in an EPA press release. “No longer should America’s landowners be forced to spend precious money hiring an attorney or consultant just to tell them whether a Water of the United States is on their property.”
Assistant Secretary of the Army for Civil Works Adam Telle added that changing federal interpretations have “unduly burdened the American people,” saying the proposed rule “will deliver the clear and durable regulatory certainty Americans deserve.”
Agricultural groups also welcomed the proposal. “We are pleased that the new rule protects critical water sources while respecting the efforts of farmers to protect the natural resources they’ve been entrusted with,” said American Farm Bureau Federation President Zippy Duvall in a press release.
The agencies said the proposed definition seeks to balance federal protections with state and tribal authority while incorporating feedback from listening sessions and consultation meetings. The rule will be published in the Federal Register and open for public comment for 45 days. EPA and the Army will also host two hybrid public meetings, with details available on EPA’s website.
