Trump's EPA defines WOTUS

The Environmental Protection Agency has defined the Waters of the United States rule with the Navigable Waters Protection Rule.

"Our new Navigable Waters Protection Rule strikes the proper balance between Washington and the states in managing land and water resources while protecting our nation’s navigable waters, and it does so within the authority Congress provided," said EPA Administrator Andrew Wheeler.

Here's highlights:

  • The EPA and the Army recognize the difference between federally protected wetlands and state protected wetlands.

  • The revised definition identifies four categories of waters that are federally regulated under the Clean Water Act: the territorial seas and traditional navigable waters; perennial and intermittent tributaries; certain lakes, ponds, and impoundments; and wetlands that are adjacent to jurisdictional waters.

  • This action details what waters are not subject to federal control, including features that only contain water in direct response to rainfall; groundwater; many ditches, including most farm and roadside ditches; prior converted cropland; farm and stock watering ponds; and waste treatment systems.

Reaction has poured in. Here's a sip.

“The days are gone when the federal government can claim a small farm pond on private land as navigable waters,” Agriculture Secretary Sonny Perdue said. “With reforms and deregulation, Americans once again have the freedom to innovate, create, and grow.”

The rule "provides clarity and certainty, allowing farmers to understand water regulations without having to hire teams of consultants and lawyers," said American Farm Bureau Federation President Zippy Duvall.

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