WOTUS Gets Another Muddy Rewrite

The federal government is once again asking, “What counts as water?” which feels like a question better suited for kindergarten until the answer determines permits, wetlands and farm projects.

Back in the muck: EPA and the Army Corps issued a supplemental WOTUS proposal seeking additional input on how to define protected waters under the Clean Water Act. The agencies are specifically poking at terms like “relatively permanent,” “perennial” and “continuous surface connection,” because apparently even puddles need legal representation.

Fine print flow: The proposal would define “perennial” as water standing or flowing every day of the year under ordinary conditions. It also asks whether a wetland connection should require perennial surface water that is continuously linked to jurisdictional water so closely that it is hard to tell where one ends and the other begins.

Timing: The agencies say the new options will be considered alongside the 2025 WOTUS proposal, with a fact sheet laying out the extra alternatives. Public comments are expected for 30 days after publication in the Federal Register. The rule follows years of court fights, including the 2023 Supreme Court decision that narrowed federal wetland protections.

Why it matters: Farmers do not need another regulatory swamp. They need to know whether a spot is a protected water, a ditch, or just Tuesday after a rain.