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Charlotte Mitchell Duyshart

Associate Legislative Director, Environment, Energy & Land Use | Gulf Coast Regional Forum

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Senate Agriculture Committee passes Farm Bill

“Waters of the United States” is a phrase used in the Clean Water Act (CWA) to determine which waters are subject to federal jurisdiction. The CWA establishes the basic governance structure for pollution of the nation’s surface water, prohibiting the discharge of certain pollutants into “navigable waters,” which are defined as “waters of the United States, including the territorial seas.” However, the term waters of the United States, or WOTUS, is not further defined in the CWA. As such, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers – the two agencies responsible for administering the CWA – have defined WOTUS in regulations.

The definition of WOTUS directly impacts county governments as owners and operators of local infrastructure. Counties are responsible for public safety water conveyances, municipal separate stormwater sewer systems (MS4), green infrastructure construction and maintenance projects, water reuse infrastructure and emergency management systems. Depending on whether a certain water meets the definition of WOTUS, counties may need to apply for a federal permit to maintain or build new infrastructure projects.

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U.S. House passes 2026 Water Resources Development Act

On July 14, the U.S. House Transportation and Infrastructure Committee favorably reported H.R. 9497, the Water Resources Development Act of 2026 (WRDA) by a bipartisan 66-0 vote. The bill now awaits consideration by the full House of Representatives. The WRDA 2026 markup was originally scheduled for July 1 but was rescheduled to July 14 due to changes to the House calendar.

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Senate Agriculture Committee passes Farm Bill

On September 16, the U.S. Senate Agriculture Committee held a markup of the Agricultural Act of 2026, the Senate's version of the 2026 Farm Bill.