In an effort to rewrite an Obama-era regulation defining which waters fall within the jurisdiction of the Clean Water Act, the Trump administration proposed a new definition for Waters of the United States (WOTUS) in a news conference on December 11.
The Obama-era WOTUS rule has been embroiled in litigation since it was proposed, as some representing various industries argued it placed too many restrictions on development, while some states were concerned the rule expanded federal jurisdiction to
areas that were state responsibilities.
The U.S. Environmental Protection Agency (EPA) is proposing removing federal oversight of 51 percent of wetlands and 18 percent of streams. Removing federal protection of these bodies has the potential to put groundwater resources at risk that are hydrologically
connected to streams and wetlands. However, it may also remove barriers to residential, commercial, and agricultural development, thereby stimulating demand for wells.
In both the Obama-era rule and the Trump rewrite, groundwater is largely excluded because WOTUS applies to those waters that are, or could be, “navigable.”
NGWA is convening a group of volunteers to put together comments in response to the proposal from EPA. If you would like to join the effort, please contact NGWA government affairs director Lauren Schapker at lschapker@ngwa.org to volunteer.