The WOTUS War Is Still All Wet

Washington has found another way to argue over a puddle, and this time the definition may determine who needs federal permission to work near one.

Water line: EPA and the Army Corps of Engineers are reviewing feedback on their supplemental proposal for Waters of the United States, or WOTUS. The rule determines which waterways and wetlands fall under the federal Clean Water Act. For farmers, that can affect drainage, construction, and land-management decisions.

Farm-side view: Agricultural and other industry groups support clearer boundaries on jurisdiction, arguing landowners need to know which features trigger federal requirements before they move dirt. The agencies’ proposal considers how to define relatively permanent water and a continuous surface connection to protected waters.

Opposite bank: Environmental organizations argue the changes could strip federal safeguards from streams and wetlands that are dry for part of the year. They say seasonal flows still matter for downstream water quality and habitat, even when the ground looks dry enough to park a pickup.

Legal current: The proposal follows the Supreme Court’s 2023 Sackett ruling and another round of regulatory alternatives. Comments on the supplement closed October 9. A final rule has not yet been issued, so nobody should confuse the paperwork with a settled property line.

Why it matters: Producers need predictable permits, and communities need workable water protections. If the final definition remains muddy, the only thing guaranteed to keep flowing is the litigation.