7 January 2019 - EPA and Army Postpone Public Hearing on Proposed New "Waters of the United States" Definition. Due to the lapse in appropriations for the U.S. Environmental Protection Agency (EPA), EPA and the Department of the Army (Army) have postponed the planned January 23 public hearing on the proposed new "Waters of the United States" definition until after appropriations have passed to fund the EPA. Publication of the proposed rule in the Federal Register is also postponed. Information on the status of the public hearing will be posted on the EPA website at https://www.epa.gov/wotus-rule/epa-and-army-postpone-public-hearing-proposed-new-waters-united-states-definition.
CURRENT - Waters of the U.S. within the jurisdiction of the U.S. Army Corps of Engineers include:
• Traditional navigable waterways
• All wetlands adjacent to traditional navigable waters
• Non-navigable waters that are relatively permanent
• Special aquatic sites, i.e. wetlands that directly abut such waterways and their tributaries
• Tributaries that flow intermittently, receive water from natural streams and lakes, and divert water to streams and creeks (Headwaters, Inc. v. Talent Irrigation District, 243 F.3d 526 (9th Cir. 2001))
• Non-relatively permanent waters, if there is a significant nexus to traditional navigable waters