EPA and Army Corps Propose New WOTUS Rule: Clarity for Landowners and Economic Growth

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The Environmental Protection Agency (EPA) and the Army Corps of Engineers have officially released a new Waters of the United States (WOTUS) rule that aims to provide clarity and predictability under the Clean Water Act. This action is a significant development for American farmers, landowners, and businesses, addressing years of uncertainty surrounding federal water jurisdiction.

EPA Administrator Lee Zeldin, joined by Assistant Secretary of the Army for Civil Works Adam Telle, announced the proposed rule would, “establish a clear, durable, common-sense definition of “waters of the United States” (WOTUS) under the Clean Water Act.”

Key Changes in the Proposed WOTUS Rule

The new proposal introduces several key definitions and clarifications designed to streamline the regulatory process and empower state and tribal governments:

• Tributary Definition: Jurisdictional tributaries must connect to traditional navigable waters directly or through features that provide predictable and consistent flow.





• Wetlands: Wetlands must touch a jurisdictional water and hold water for a sufficient duration year after year to be regulated.





• New Exclusions: The rule explicitly preserves and clarifies exclusions for certain ditches, prior converted cropland, and waste treatment systems, and adds a new exclusion for groundwater.





• State and Tribal Authority: Clear regulatory guidelines are designed to strengthen state and tribal decision-making authority in protecting their local water resources.

Empowering Landowners and Advancing Cooperative Federalism

Administrator Zeldin emphasized the necessity of a practical, straightforward rule that supports both environmental protection and economic activity.

He stated, “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. Democrat Administrations have weaponized the definition of navigable waters to seize more power from American farmers, landowners, entrepreneurs, and families. We heard from Americans across the country who want clean water and a clear rule. 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. EPA is delivering on President Trump’s promise to finalize a revised definition for WOTUS that protects the nation’s navigable waters from pollution, advances cooperative federalism by empowering states, and will result in economic growth across the country.”

This proposed rule reflects a commitment to protecting the nation’s navigable waters from pollution while reducing the regulatory burden on landowners and businesses. By establishing clearer lines of jurisdiction, the EPA and Army Corps aim to foster economic growth and empower local authorities, delivering a more transparent and effective approach to water regulation.

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Audio Reporting by Dale Sandlin for Southeast AgNet.

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