The states offer the following high-level recommendations to guide the agencies’ process of revising the definition of “waters of the United States” (hereinafter “WOTUS”),: (1) respect the role of the states as co-regulators and provide early, continuous, and meaningful opportunities for dialogue and input as any new rule is developed; (2) respect and follow the science; (3) recognize the geographic, geologic, climatic, hydrologic and leadership diversity among states and craft a definition that provides clarity but also flexibility for state implementers; (4) prepare to provide the states, well in advance, with technical assistance, tools and trainings to assist with implementation of any revised definition; and (5) include a delayed effective date to give state partners ample time to revise state regulations and/or to develop new state policy to cover any changes in coverage as a result of the revised jurisdictional definition.
WOTUS Workgroup
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EPA Governors Letter on WOTUS Meetings
A letter from EPA informing Governors of the opportunity for engagement meetings on the revised Waters of the U.S. proposal.
ACWA Redline Comparison between 2020 Navigable Waters Protection Rule and 2019 Proposed Rule Redefining WOTUS
ACWA used Microsoft Word redlines to compared the 2019 Proposed Rule Redefining “Waters of the United States” to the 2020 final rule defining “Waters of the United States”, known as… Read More »
WOTUS Discussion Questions for State Outreach Sessions
Discussion questions provided by EPA and the Army Corps of Engineers during state WOTUS outreach sessions.
ACWA Comment Letter re: EPA Proposed Rule Recodifying Pre-existing WOTUS Rules
ACWA submitted a comment letter to the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers regarding their “Proposed Rule: Definition of “Waters of the United States” –… Read More »
ACWA Comments on WOTUS for EPA Federalism Outreach
Comment letter from ACWA to EPA, developed by ACWA’s Waters of the United States Working Group, discussing state perspectives on a potential rulemaking redefining “Waters of the United States” to… Read More »
Waters of the U.S. (WOTUS) Resources
The scope of waters that are the subject of federal jurisdiction under the Clean Water Act has been the subject of long-standing confusion and uncertainty in the aftermath of several… Read More »
The Unclear Definition of Water
A summary of proceedings pertaining to WoUS definitions.
Assumable Waters Under the Clean Water Act Section 404
A letter from ACWA, ECOS and ASWM to the USACE expressing disappointment in the Corps’ position on “traditional navigable waters” under the CWA
Joint Statement from ECOS, ACWA, and ASWM Regarding the Clean Water Rule released May 27, 2015
A statement released by ECOS, ACWA, and ASWM pertaining to the publication of the final Clean Water Rule,
ACWA President Mettler Testimony on WOTUS
Copy of ACWA President Martha Clark Mettler’s testimony before the House Committee on Agriculture Conservation and Forestry Subcommittee
Testimony of Martha Clark Mettler on behalf of ACWA, at US House of Representatives regarding WOTUS and Rural America
Written testimony by ACWA President (in 2015) Martha Clark Mettler for the US House of Representatives concerning WOTUS and Rural America.
