Oppose Expansion of Clean Water Act

There has long been a dispute brewing between the courts, federal regulators, environmental groups and industry regarding exactly what bodies of water fall under the purview of the Clean Water Act (CWA). The problem: the Clean Water Act gives the federal government authority to regulate “navigable waters of the United States” but does not define what the term means.

The EPA and Army Corps of Engineers have defined the term to include navigable waters, adjacent wetlands and tributaries. Neither agency has developed clear and concise definitions of adjacent wetlands or tributaries, causing great confusion in the regulated world. The result has been authority being defined through arbitrary determinations under current regulations.

Depending on the circumstance and who is making the decision, the federal regulatory reach of the CWA has been interpreted to mean any physical connection or any potential connection where water, no mater how remote or infrequent, could eventually mix with navigable waters. This means there is potential for jurisdiction to extend to nearly all bodies of water imaginable.

Under that frightening scenario, every sewer, curb, road, gutter, storm drain, culvert, irrigation canal, wash, tire rut and ditch could ultimately be required to meet water quality standards and have designated and beneficial uses just like rivers, lakes and reservoirs. This legislation could potentially cost individuals and companies thousands of additional dollars complying with CWA provisions.