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Understanding the EPA's Definition of "Navigable Waters" and Its Implications

The regulation of water in the U.S. has long been a contentious issue, especially under the Clean Water Act. Recent Supreme Court rulings from 2001 and 2006 reaffirm that the EPA's authority is limited to "navigable waters," defined as those accessible by boats or ships. This has raised concerns about the federal interpretation, suggesting that features like farm ditches and buffalo wallows could be deemed navigable waters. The potential changes to these definitions could significantly impact land use and rights. Engaging in advocacy through letters and other means is encouraged.

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Understanding the EPA's Definition of "Navigable Waters" and Its Implications

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  1. Waters of the U.S. The EPA land grab

  2. Background Water has always been regulated, either by states or the federal government. The federal law is the Clean Water Act. The U.S. Supreme Court in 2001 and 2006 handed down decisions reminding the EPA and the U.S. Army Corps of Engineers that the Clean Water Act limits federal power to “navigable waters.” Navigable waters are those that can carry boats or ships. Concluding that farm ditches, terraces or buffalo wallows are “navigable waters” is nothing more than a federal land grab.

  3. Which of these are “navigable” waters? • These will be if the rule is finalized:

  4. Which of these are “navigable” waters? • So will these:

  5. Are these “navigable” waters? • We can’t be sure:

  6. What can you do? • Write a letter (KFB can help, but using your own words is best) • Respond with CapWiz • Send the post card • Write a letter to the editor (KFB can help) • CONTACT: Ryan Flickner • flicknerR@kfb.org • 785-587-6327

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