WASHINGTON – Earlier this week, the Senate voted in favor of overturning President Biden’s misguided “Waters Of The United States” (WOTUS) rule. The proposed rule would increase the federal government’s jurisdiction to regulate what is considered “navigable waters,” and anything with a “significant nexus” to a navigable water, ultimately increasing red tape for farmers, ranchers, small business owners, homebuilders, and property owners.
“President Biden’s WOTUS rule would have spelled disaster for Central Valley Californians. Regulating our canals, culverts, and drainage ditches is not the answer to the issues facing Americans on a day-to-day basis. I am thankful for Senator Capito and Chairman Graves’ leadership in helping fight back against this harmful rule. I hope President Biden listens to the House and Senate and changes his tune on this deeply flawed policy,” said Congressman John Duarte (CA-13).
Key Background:
WOTUS is authorized under the Clean Water Act, under the jurisdiction of the EPA, which gives definition to what waters and types of waters fall under federal jurisdiction
The recently redefined WOTUS term brings back the “Significant Nexus” approach that was done away with under the Trump “Naviagable Waters Protection Rule”. This approach deems any water, at the discretion of the Army Corps of Engineers, that has a significant nexus to a navigable waterway, falls under the jurisdiction and protections of the Clean Water Act.
