The U.S. Environmental Protection Agency and the U.S. Department of the Army announced on December 30, 2022 their final rule establishing a new definition of “waters of the United States” (WOTUS).
According to the agencies, the new rule is meant to create a more “durable” definition of WOTUS and restore essential water protections that were in place prior to changes made in 2015.
The definition of WOTUS articulates those waters that fall under federal jurisdiction and are therefore regulated and controlled by the Clean Water Act (CWA).
The final WOTUS rule published by the agencies expands federal jurisdiction over various bodies of water and tributaries that may have a hydrological impact on navigable waters or water that has been traditionally defined under WOTUS. These include creeks, marshlands, and some rivers and lakes across the United States.
NGWA submitted comments in early 2022 urging both agencies to keep groundwater largely out of the scope of WOTUS and the CWA. NGWA has long held the position that groundwater is best managed at the state and regional levels and should remain outside of federal jurisdiction.
While groundwater is not explicitly included in the new definition of WOTUS, NGWA remains concerned about the expanding federal jurisdiction.
“While groundwater is still largely excluded from the new WOTUS rule, I’m hesitant to call this an all-out victory,” said NGWA Public Relations and Government Affairs Manager Ben Frech. “As expected, this new rule represents a growing interest by the federal government to become more involved in the management of groundwater and how it might impact other bodies of water, which is a great concern for much of our industry.”
The new WOTUS rule will go into effect 60 days after the official publication on December 30, 2022.
Click here to learn more.