Wednesday, March 7, 2012

Waters that Qualify as Waters of the United States Under Section (a)(1) of the Agencies’ Regulations -- EPA

From the introduction: "The Environmental Protection Agency (EPA) and United States Army Corps of Engineers (Corps) "Guidance on Identifying Waters Protected by the Clean Water Act" guidance (Guidance) affirms that EPA and the Corps will continue to assert jurisdiction over "[a]ll waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide." 33 C.F.R. § 328.3(a)(1); 40 C.F.R. § 230.3(s)(1). The Guidance also states that, for purposes of the guidance, these "(a)(1)waters" are the "traditional navigable waters." These (a)(1) waters include all of the "navigable waters of the United States," defined in 33 C.F.R. Part 329 and by numerous decisions of the federal courts, plus all other waters that are navigable-in-fact (e.g., the Great Salt Lake, UT and Lake Minnetonka, MN)."

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