Wetlands and Waterways
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| Portage Lake on the Keweenaw Waterway in Michigan. |
What are "Waters of the United States"?
"The 1972 amendments to the Clean Water Act established federal jurisdiction over 'navigable waters,' defined in the Act as the 'waters of the United States' (CWA Section 502(7)). Many Clean Water Act programs apply only to 'waters of the United States.' The Clean Water Act provides discretion for EPA and the U.S. Department of the Army (Army) to define 'waters of the United States' in regulations."[1]
History of "Waters of the United States"
"'Waters of the United States' is a threshold term in the Clean Water Act and establishes the scope of federal jurisdiction under the Act. Clean Water Act programs, including Water Quality Standards, TMDLs, and sections 311, 402, and 404 address 'navigable waters,' defined in the statute as 'the waters of the United States, including the territorial seas.' "[1]
"The Clean Water Act does not define 'waters of the United States'; rather, it provides discretion for EPA and the U.S. Department of the Army to define 'waters of the United States' in regulations."[1]
Best Practices Resources
"Waters of the United States," Environmental Protection Agency (EPA), 2022
Wetland and Waterbody Construction and Mitigation Procedures, FERC, 2013
Citations:
Revision ID: 5180
Revision Date: 12/12/2022