Last month the Environmental Protection Agency and Army Corps of Engineers announced the signing of a new water rule which finalizes the Trump administrations process for revising the definition for the Waters of the U.S. According to the EPA, the final “Navigable Waters Protection Rule…protects the nation’s navigable waters from pollution and result in economic growth across the country.” The new rule, however, limits the number and types of waters that are protected by the Clean Water Act to just four categories: territorial seas and traditional navigable waters, perennial and intermittent tributaries, certain lakes, ponds, and water impoundments, and wetlands adjacent to these categories.
The new rule, therefore, eliminates existing protections for water coming from rainfall, groundwater, farm, roadside and other ditches, prior converted cropland, farm and stock watering ponds, and waste treatment systems which are hydrologically connected to navigable waters and could therefore spread pollutants on to such waters. The NWPR, leaves intact, state and tribal laws in managing water resources within their own jurisdictions some of which have broader definitions than the federal government for waters that come under such regulatory jurisdiction.
To Learn more see the EPA’s Navigable Waters Protection Rule website or News Release.