Proponents of Clean Water Act Section 401 reform describe it as necessary to stop states from abusing their authority by using the water quality certification process to delay or block federally permitted projects f. A survey conducted by the Association of Clean Water Administrators (ACWA) does not support that premise.
Documents
FY27 Interior, Environment Appropriations Written Testimony
ACWA submitted written testimony to the House Appropriations Subcommittee on Interior, Environment and Related Agencies urging Congress to maintain FY 2026 funding levels for key Clean Water Act programs in FY 2027. The testimony pushes back on the President’s proposed EPA budget, which would cut the agency’s discretionary funding by roughly 52% including eliminating categorical grants that states rely on to run water quality programs and slashing more than $2.5 billion from the State Revolving Funds.
ACWA argues that eliminating these grants wouldn’t free states to manage their own programs — it would effectively convert a cooperative federal-state structure into an unfunded mandate, reducing permit writers, monitoring capacity, and enforcement presence. The letter also calls on Congress to preserve funding for geographic restoration programs like the Chesapeake Bay Program and the Great Lakes Restoration Initiative. ACWA notes that Congress rejected similar cuts in FY 2026 and urges it to do the same again.
ACWA Comment Letter: Updating the Water Quality Certification Regulations
On February 17, 2026, ACWA submitted comments to EPA in response to the proposed rule, “Updating the Water Quality Certification Regulations”.
ACWA Request for Extension of Public Comment Period – “Updating the Water Quality Certification Regulations”
On January 20, 2026, ACWA requested that EPA extend the public comment period for the proposed rule, “Updating the Water Quality Certification Regulations”.
2026 State Summit on Water Reuse – Draft Agenda
Registration is now open for the 2026 State Summit on Water Reuse, which will take place on Wednesday, March 11, 2026, at the Intercontinental Los Angeles Downtown. Please click here to register for the State Summit… Read More »
ACWA Comment Letter: Updated Definition of Waters of the United States
On January 5, 2026, ACWA submitted comments to EPA and USACE in response to the agencies’ proposed rule, “Updated Definition of Waters of the United States.”
House FY 2026 Interior, Environment and Related Agencies Appropriations Bill
Title II of the FY 2026 Interior, Environment, and Related Agencies Appropriations Bill includes significant changes to funding for the Environmental Protection Agency (EPA), particularly within State and Tribal Assistance Grants (STAG). The proposed bill substantially reduces core CWA funding, directly impacting state and tribal implementation capacity.
FY2027 Funding Chart Update
An updated funding chart reflecting the FY2027 President’s Budget Request.
Impacts of President’s FY 26 Budget Proposal on State Water Quality Programs
The proposed elimination of STAG funding in the FY 2026 federal budget proposal would dramatically impact the nation’s waters, public health and economic growth. These funds are the lifeblood of state programs and without them, states may be forced to slash essential services, lay off expert staff, halt restoration projects, and delay or even forgo clean water protections.
ACWA Memo on EPA Oversight
A memo addressing state concerns over agency oversight of state actions, including waterbody over-listings and the need for clarity between EPA mandates, guidance, and reviewer opinions.
Association of Clean Water Administrators – Letter: Upcoming Efforts to Revise the Definition of “Waters of the United States”
Executive Order: ENSURING LAWFUL GOVERNANCE AND IMPLEMENTING THE PRESIDENT’S “DEPARTMENT OF GOVERNMENT EFFICIENCY” DEREGULATORY INITIATIVE
Agency heads shall, in coordination with their DOGE Team Leads and the Director of the Office of Management and Budget, initiate a process to review all regulations subject to their sole or joint jurisdiction for consistency with law and Administration policy. Within 60 days of the date of this order, agency heads shall, in consultation with the Attorney General as appropriate, identify the following classes of regulations: (i) unconstitutional regulations and regulations that raise serious constitutional difficulties, such as exceeding the scope of the power vested in the Federal Government by the Constitution; (ii) regulations that are based on unlawful delegations of legislative power; (iii) regulations that are based on anything other than the best reading of the underlying statutory authority or prohibition; (iv) regulations that implicate matters of social, political, or economic significance that are not authorized by clear statutory authority; (v) regulations that impose significant costs upon private parties that are not outweighed by public benefits; (vi) regulations that harm the national interest by significantly and unjustifiably impeding technological innovation, infrastructure development, disaster response, inflation reduction, research and development, economic development, energy production, land use, and foreign policy objectives; and (vii) regulations that impose undue burdens on small business and impede private enterprise and entrepreneurship.
