ACWA Federal Advocacy Encouraging WOTUS Regulatory Continuity by ACWA Staff Apr 30, 2025 Water News WASHINGTON, D.C. — ACWA recently submitted a comment letter to the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers encouraging regulatory continuity within any revised definition of the waters of the United States, or WOTUS, regulation. The letter is the latest in a years-long federal advocacy effort by ACWA to help shape the WOTUS regulatory environment in ways that do not unduly burden member agencies financially or by unnecessarily delay critical infrastructure projects. At stake is whether types of bodies of water — beyond streams, rivers, lakes or oceans — fall under WOTUS and are subject to the Clean Water Act (CWA). ACWA is requesting that exemptions be made for irrigation ditches, stormwater channels, groundwater recharge facilities, wastewater infrastructure, artificial conveyance, constructed wetlands, and water reuse and recycling facilities. What WOTUS covers has yo-yoed between Republican and Democratic presidential administrations for a decade, in addition to changes in WOTUS rulemaking. “For years, WOTUS has been at the forefront of the federal regulatory landscape for water providers,” the letter reads. “Over the last decade water providers have had to work to develop infrastructure solutions for our nation under five different CWA regulatory regimes … The lack of certainty surrounding what bodies of water should be governed by the CWA and a lack of a clear WOTUS definition have significantly impacted public water agencies like ACWA members.” The U.S. Supreme Court’s unanimous 2023 decision against the EPA, in Sackett v. EPA, introduced further uncertainty into the scope of WOTUS, which can affect urban and agricultural water providers alike. ACWA’s comment letter highlights the importance of regulatory certainty for water managers and invites both the EPA and Army Corps to work with water providers in California and the West to ensure the appropriate scope of waters covered under WOTUS. “Water providers need continuity within the WOTUS regulatory landscape for effective planning that can ensure the delivery of safe, reliable supplies of water,” said ACWA Director of Federal Relations Ian Lyle. “We know our colleagues within the federal government share that overall aim, and we look forward to continued collaboration with the EPA and Army Corps to find solutions that benefit water managers and the environment.”
