EPA Proposes Major Redefinition of ‘Waters of the U.S’

Dave Price
5 hours ago
3 min read

“Waters of the United States” (WOTUS) has splashed around in various forms depending on the political party of the current president and court rulings. The administration of President Donald Trump, a Republican, has proposed the latest form of the longstanding guidelines that have previously impacted – and sometimes frustrated – farmers, ranchers, energy producers, and other landowners.

On November 17, the Environmental Protection Agency (EPA), together with the U.S. Army Corps of Engineers, released a proposed rule that would significantly narrow WOTUS under the Clean Water Act, which was originally enacted in 1972.

The EPA’s statement said, “This proposed revision to the definition of ‘waters of the United States’ is intended to adhere faithfully to the Supreme Court’s direction, respect the Act’s careful balance between Federal authority and State responsibilities over waters, and carry out Congress’ overall objectives to restore and maintain the integrity of the Nation’s waters in a manner that preserves the traditional sovereignty of States over their own land and water resources pursuant to the cooperative federalism framework predicated by the Act.”

WOTUS Proposal Would Define Key Terms

The proposal also included definitions of some terms that have been key points of disagreement in the past. It read, “The agencies believe the proposed revised definition would also ensure clarity and predictability for Federal agencies, States, Tribes, the regulated community, and the public, including by proposing to add definitions of ‘relatively permanent’ and ‘continuous surface connection’ for the first time to the agencies’ regulations and by reestablishing definitions for ‘ditch,’ ‘tributary,’ ‘prior converted cropland,’ and ‘waste treatment system’ to ensure clear boundaries that indicate the distinction of Federal versus State and Tribal coverage of waters.”

WOTUS Proposed Changes

The proposed rule reflects a more limited federal jurisdiction with a narrower focus on protecting only relatively permanent, continuously flowing bodies of water (like rivers, lakes, oceans), along with wetlands that have a direct surface connection to those waters.

The changes may lessen previous criticism that regulating certain ditches and groundwater is federal overreach.

For the farming and ranching community, this proposal could offer long-sought regulatory clarity and relief. According to the EPA, the changes are designed to reduce red tape and make permitting under the Clean Water Act more predictable.

Reaction to WOTUS Changes

The National Cattlemen’s Beef Association (NCBA) praised the rule, saying it removes uncertainty over small ditches and ponds that previously triggered federal regulation.

“The revised WOTUS rule ensures that only large bodies of water and their main tributaries fall under federal jurisdiction,” an NCBA statement read. “Past WOTUS rules issued under the Obama and Biden administrations placed small, isolated water features under federal regulation. Prairie potholes, playa lakes, and even ditches that only carried water after large storms became regulated as if they were a large lake, river or ocean.”

The American Soybean Association (ASA) also welcomed the proposal, noting that shifting interpretations of WOTUS have created uncertainty for everyday land-management decisions.

Caleb Ragland, ASA President and Kentucky farmer, said in a statement, “For too long, shifting interpretations have created real uncertainty about whether everyday decisions might trigger federal oversight. We appreciate that the administration, along with Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle, is moving toward a definition that reflects how water interacts with working farmland and respects the conservation practices growers already use.”

Ragland continued, “Aligning the rule with the Supreme Court’s Sackett decision and preserving long-standing exemptions for normal farm work gives producers clearer expectations and reduces the risk of costly delays or compliance surprises.”

Criticism of Proposed WOTUS Guidelines

The Natural Resources Defense Council -- an international nonprofit organization with three million members and 700 scientists, lawyers, and environmental specialists focused on the changing climate – criticized the proposed changes to WOTUS and said that they could put 38 to 70 million acres of wetlands at risk of pollution or destruction.

“By gutting protections for wetlands and streams, the EPA is trying to disown its legal obligation to protect our drinking water and our communities," NRDC Senior Vice President of Nature Andrew Wetzler told ABC News.

He continued, "For the millions of Americans who swim or fish in our nation’s rivers and lakes, this is a bracing slap in the face."