The following memorandum provides a brief overview of key elements within the proposed rulemaking, Revised Definition of “Waters of the United States”. The summary is based on the pre-publication version… Read More »
Watersheds, TMDLs and Nonpoint Sources
ACOE Memo on Assumable Waters
Memo clarifying the waters the Corps will retain for permitting under section 404(g):
1. Waters that are jurisdictional under Sec. 10 of the Rivers and Harbors Act of 1899 provided that
a. Retained waters include tidal waters shoreward to their mean high water mark, or mean higher high water mark on the west coast, and
b. retained waters to not include those waters that qualify as “navigable” solely because they were “used in the past” to transport interstate or foreign commerce; and
2. wetlands adjacent to waters retained above, landward to an administrative boundary agreed upon by the state or tribe and the Corps.
3. For ease of implementation and to provide transparency the Corps will use the existing RHA section 10 lists of waters as a starting point, which could be amended by the Corps as appropriate consistent with applicable regulations and case law.
ACWA 2018 Farm Bill Priorities
ACWA Weekly Wrap Vol. VIII, Issue 30 (Week of August 14, 2017)
Extension of Comment Period for the Definition of “Waters of the United States” EPA and the Army are extending the comment period by 30 days for the proposed first step… Read More »
ACWA, ECOS & ASWM Waters Assumable by States/Tribes under §404
ACWA, ECOS and ASWM sent a letter to Administrator Pruitt expressing our appreciation for the support of the U.S. Environmental Protection Agency (EPA) provided in responding to our joint request that… Read More »
Waters of the U.S. (WOTUS) Resources
The scope of waters that are the subject of federal jurisdiction under the Clean Water Act has been the subject of long-standing confusion and uncertainty in the aftermath of several… Read More »
Watersheds, TMDLs and Nonpoint Sources
ACWA’s work in watershed management, TMDL prioritization and implementation, and nonpoint source pollution mitigation fosters state-to-state and state-EPA information sharing, advancing state water quality initiatives and EPA §303(d) and §319… Read More »
West Virginia District Court Conductivity Case Opinion
The US District Court for the Southern District of WV held that WV’s failure to develop a TMDL for state waters with high conductivity requires EPA to either approve or disapprove WVDEP’s apparent intention to not develop conductivity TMDLs.
The Unclear Definition of Water
A summary of proceedings pertaining to WoUS definitions.
Priorities for State Water Quality Programs in the New Administration
ACWA urges the Trump Transition team to consider opportunities & needs to ensure that water quality programs continue to improve the nation’s water quality.
Assumable Waters Under the Clean Water Act Section 404
A letter from ACWA, ECOS and ASWM to the USACE expressing disappointment in the Corps’ position on “traditional navigable waters” under the CWA
The 2016 Joel Beauvais Memo: Renewed Call to Action to Reduce Nutrients Pollution and Support for Incremental Actions to Protect Water Quality and Public Health
2016 Joel Beauvais Memo: Renewed Call to Action to Reduce Nutrients Pollution and Support for Incremental Actions to Protect Water Quality and Public Health
