EPA's "Waters of the Unites States"

If a Federal government agency issues a rule extending their regulatory reach, what can we do?

EPA issues a 370 page rule changing the definition of “Waters of the United States”. Here we go again.

We can comment on the rule during the public comment period but generally, individual comments have little to no effect on the outcome.

Terms used in the new rule on what are “waters of the United States”

“regulated public”

“other waters”

“significant nexus”

Please know that the EPA issued a 370 page rule to redefine what “waters” are considered  “waters of the United States” even if they would otherwise be included within the categories in (a)(1) through (a)(7) above. They are:

Page 45 of 370

Prior converted cropland. 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.

Ditches that are excavated wholly in uplands, drain only uplands and have less than perennial flow.

Ditches that do not contribute flow, either directly or through another water, to a traditional navigable water, interstate water, the territorial seas or jurisdictional impoundment

Artificially irrigated areas that would revert to upland should application of irrigation water to that area cease;

Artificial lakes or ponds created by excavating and/or diking dry land and used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing;

Artificial reflecting pools or swimming pools created by excavating and/or diking dry land;

Small ornamental waters created by excavating and/or diking dry land for primarily aesthetic reasons;

Water filled depressions created incidental to construction activity; (Wow are we ever lucky! But what happens when you wash your car and create a puddle?)

Groundwater, including groundwater drained through subsurface drainage systems;

Gullies and rills and non-wetland swales

Basically, everything else will be “waters of the United States”. If you don’t think this is a significant intrusion into private property rights, then relax and watch your sitcoms.

We continue to be over regulated and told how to live on our own property. And it will only get worse!