On November 20, 2025, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers officially published a proposed rule to redefine “Waters of the United States” (WOTUS).
The public comment period is currently open and is set to close on January 5, 2026.
What is the Proposed Change?
The new rule seeks to replace the Biden-era 2023 definition of WOTUS with a narrower version. The stated goal of the Trump administration is to fully implement the 2023 Supreme Court decision in Sackett v. EPA, which significantly restricted the federal government’s authority under the Clean Water Act.
Key elements of the proposal include:
- Narrower “Relatively Permanent” Definition: The rule defines “relatively permanent” waters as those that are standing or continuously flowing year-round or at least during the “wet season.” This specifically excludes “ephemeral” streams—those that flow only after rain or snowmelt.
- Stricter Wetland Protections: To be protected, a wetland must now have a “continuous surface connection” to a jurisdictional water. This is a two-part test: the wetland must (1) physically touch (abut) a protected water and (2) have surface water present at least during the wet season.
- Removal of Interstate Waters: The rule removes “interstate waters” (waters that cross state lines) as an automatic category for federal protection. These waters would now only be protected if they meet other specific criteria (like being relatively permanent).
- Expanded Exclusions: The proposal explicitly excludes groundwater and broadens exclusions for ditches, wastewater treatment systems, and “prior converted cropland.”
Why Is It Controversial?
The impact of this rule is viewed very differently depending on the stakeholder:
- Supporters (Agriculture, Construction, and Industry groups): Argue that the rule provides much-needed “regulatory certainty” and “cuts red tape.” They contend it prevents federal overreach on private land and empowers states to manage their own water resources.
- Opponents (Environmental groups and Tribal leaders): Argue that the rule ignores the scientific reality of how water systems are connected. Some advocacy groups, such as American Rivers, claim that up to 80% of wetlands and many small streams could lose federal protection, potentially leading to increased flood risks, loss of wildlife habitat, and threats to downstream drinking water quality.
Sources for More Detail
You can find more detailed explanations and the full text of the proposal at these links:
- Official EPA WOTUS Page: EPA.gov/wotus – Contains fact sheets for the public and agricultural sectors.
- Federal Register: Updated Definition of “Waters of the United States” – The official legal document outlining the proposed changes.
- Policy Analysis: Latham & Watkins Analysis – A legal breakdown of the new definitions.
- Advocacy Perspectives:
- American Rivers Statement (Critical)
- American Farm Bureau Federation / Ag Alert (Supportive)
How to Submit a Public Comment
Water is Life. Please help protect our water and submit a comment before the January 5, 2026 deadline:
- Go to the Federal eRulemaking Portal.
- Search for Docket ID No. EPA-HQ-OW-2025-0322.
- Click the “Comment” button to share your perspective on how this rule might affect your community, business, or environment.