Nov 24, 2025

Proposed rule would establish new WOTUS definition

An EPA proposal to establish a new definition of waters of the United States aims to reduce permitting delays and reduce costs and uncertainty.

The proposed rule, announced by EPA Administrator Lee Zeldin and Assistant Secretary of the Army Adam Telle on Nov. 17, was developed using public and tribal input, including nine listening sessions, according to a news release.

The rule focuses on relatively permanent, standing or continuously flowing bodies of water and wetlands that are connected and indistinguishable from them.

Waters of the United States (WOTUS) is a threshold term seeking to establish the geographic scope of federal jurisdiction over “navigable waters” defined in the 1972 Clean Water Act (CWA).

Key elements of the proposed new rule include:

• Defining “relatively permanent,” “continuous surface connection,” and “tributary” to align with the Clean Water Act and Supreme Court precedent
• Requiring jurisdictional tributaries to connect to traditional navigable waters (like streams, oceans, rivers, and lakes) either directly or through other features that provide predictable and consistent flow
• Establishing that wetlands must be indistinguishable from jurisdictional waters through a continuous surface connection
• Preserving and clarifying exclusions for certain ditches, prior converted cropland, and waste treatment systems, while also adding a new exclusion for groundwater
• Incorporating locally familiar terminology, such as “wet season,” to help determine if a water body qualifies as WOTUS

The National Potato Council welcomed the proposal.

“NPC appreciates the EPA and Army for seeking real-world input and is committed to engaging throughout the process to ensure the final rule supports the vital role of U.S. agriculture,” Chris Olsen, NPC vice president of environmental affairs and a potato grower from Washington state, said in a statement. “America’s potato growers support a WOTUS definition that focuses on truly navigable waters and their direct tributaries, ensuring that growers can continue to manage their land productively without undue federal overreach.”

The proposed rule is open for a 45-day public comment period.