NACo Regulatory Analysis: The Waters of the United States
Author
Charlotte Mitchell Duyshart
Upcoming Events
Related News
“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.
Advocacy Hub
Waters of the U.S. Action Center
Find the latest resources from NACo on Waters of the U.S.
Related News
Counties play growing role in fight to lower utility costs for residents
County governments rarely have a direct role in the energy market, but a new NACo report finds that counties can often be most effective as advocates, helping lower residents’ utility costs by leveraging state programs, local partnerships and outreach.
U.S. Senate advances Bipartisan American Affordability and Jobs Act in initial procedural vote
On Nov. 9, the U.S. Senate advanced the Bipartisan American Affordability and Jobs Act (S. 5653) through a successful vote to invoke cloture. The 73-25 vote sets up further debate and consideration in the chamber.
County leaders push for a voice in data center regulation authority
County officials in states like West Virginia and Texas are limited in their ability to regulate data centers while still held accountable by their residents.