By Scout Nelson
Several agriculture organizations submit written comments in support of an updated definition of waters of the United States, known as WOTUS. These comments are sent to federal agencies responsible for Clean Water Act enforcement. The goal is to support a clear and workable water rule that brings fairness and consistency to how federal water laws apply to rural and agricultural lands.
The updated WOTUS definition includes many changes recommended through past legal and regulatory reviews. If finalized, the rule limits federal authority over small and isolated water features. Small ponds, ditches, and creeks that only hold water after rainfall would no longer fall under federal regulation unless they connect directly to a large lake, river, or ocean. This change would help reduce confusion about which water bodies are subject to federal oversight.
The rule would also continue important exemptions. These include exemptions for prior converted cropland, groundwater, and waste treatment systems. Keeping these exemptions allows land managers to carry out daily work without facing unclear or overlapping regulations.
The rule also clarifies which tributaries of major navigable waters fall under federal authority. This clarity helps reduce uncertainty and support consistent enforcement across states.
In their written comments, the organizations explain the need for clear guidance after decades of debate between courts and agencies. They stress the importance of having a simple and practical definition that can be understood and applied without confusion.
The comments state that after more than “50 years of jurisdictional tug-of-war between the Supreme Court and the agencies,” agricultural producers need a rule that offers stability, clarity, and consistency. A clear definition helps land users plan long-term improvements, protect natural resources, and follow environmental laws properly.
Supporters believe the updated rule helps balance environmental protection with practical land use needs. It allows important water resources to remain protected while preventing unnecessary regulation of small and isolated water features. This approach supports clean water goals while recognizing everyday land management practices.
The updated WOTUS definition aims to improve how the Clean Water Act is applied across rural and agricultural areas. If finalized, it would provide clearer standards and reduce confusion about federal authority, helping land users better understand their responsibilities and protect water resources effectively.
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Categories: Kansas, General, Government & Policy