The U.S. EPA and the U.S. Army Corps of Engineers announced today that they have jointly approved a new definition of the key term "waters of the United States," a term that defines the limits of federal jurisdiction over surface waters under the Clean Water Act and several other federal laws. The rule containing the new definition will become effective 60 days after its publication in the Federal Register, which typically occurs within a week or so of the agencies' public announcement of a new rule.

The agencies announced the new rule after several years of wrestling with this regulatory definition, which establishes the scope of federal wetlands permitting authority, federal discharge limitations, and other important programs. EPA and the Corps assert in the preamble to the rule that this new definition is "narrower" than the existing regulatory definition, and that "fewer waters will be defined as 'waters of the United States'" than under existing regulations. In the debate leading up to today's announcement, however, a variety of affected parties – landowners, developers, farmers, manufacturers and others – have argued that the agencies' effort to redefine "waters of the United States" will lead to a broadening of federal jurisdiction.

Several features of the new rule are of particular importance to interested parties in California and other western arid states.

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