Definitions of “Waters of the United States”
Fact Sheet by the Office of Senator Russell D. Feingold
The table below shows the Clean Water Restoration Act’s definition of “waters of the United States” is based on the regulatory
definitions used by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) in enforcing the
Clean Water Act for over thirty years. To stop the courts’ guessing games over Congress’ original intent in passing the Clean Water Act
of 1972, Congress must recommit to protecting the “waters of the United States” by enacting the Clean Water Restoration Act.
EPA Regulations
Corps Regulations
Clean Water Restoration Act
Waters of the United States or waters of the U.S.
means:
(a) All waters which are currently used, were
used in the past, or may be susceptible to use in
interstate or foreign commerce, including all
waters which are subject to the ebb and flow
of the tide;
(b) All interstate waters, including interstate
"wetlands;"
(c) All other waters such as intrastate lakes,
rivers, streams (including intermittent
streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows,
playa lakes, or natural ponds [the use,
degradation or destruction of which could affect
interstate commerce];
(d) All impoundments of waters otherwise
defined as waters of the United States under this
definition;
(e) Tributaries of waters identified in paragraphs
(a) through (d) of
this definition;
(f) The territorial seas; and
(g) "Wetlands" adjacent to waters (other than
waters that are themselves wetlands) identified in
paragraphs (a) through (f) of this definition.
The term "waters of the United States"
means:
1) All waters which are currently used, or were
used in the past, or may be susceptible to use in
interstate or foreign commerce, including all
waters which are subject to the ebb and flow
of the tide;
2) All interstate waters including interstate
wetlands;
3) All other waters such as intrastate lakes,
rivers, streams (including intermittent
streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows,
playa lakes, or natural ponds [the use,
degradation or destruction of which could affect
interstate commerce];
4) All impoundments of waters otherwise
defined as waters of the United States under the
definition;
5)Tributaries of waters identified in paragraphs
(a)(1)-(4) of this section;
6) The territorial seas;
7) Wetlands adjacent to waters (other than
waters that are themselves wetlands) identified in
paragraphs (a)(1)-(6) of this section.
WATERS OF THE UNITED STATESThe term ‘waters of the United States'
means all waters subject to the ebb
and flow of the tide, the territorial
seas, and all interstate and intrastate
waters and their tributaries,
including lakes, rivers, streams
(including intermittent streams),
mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet
meadows, playa lakes, natural
ponds, and all impoundments of the
foregoing, to the fullest extent that
these waters, or activities affecting
these waters, are subject to the
legislative power of Congress under
the Constitution.
40 CFR 122.2 (Section 402 NPDES regulations)
33 CFR 328(a) (Section 404 permit regulations)
(110th Congress: S. 1870/H.R. 2421)