COMMENT LETTER: U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers Proposed Revised Definition of “Waters of the United States”

  • May 16, 2019
  • Comment Letters

Agency: U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers

Subject: U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers Proposed Revised Definition of “Waters of the United States”

Letter excerpt: 

ACWA recognizes the important water quality improvements brought about by passage and implementation of the Clean Water Act (CWA). Source water protection is vital to our members and ACWA has a history of encouraging EPA to use its existing authorities to prevent pollutants from entering California’s drinking water supply. For this reason, ACWA has been very active in legislative and regulatory initiatives related to the jurisdictional scope of the CWA.

ACWA commends the Agencies efforts to better clarify jurisdictional waters. In order to achieve their water quality and reliability goals, ACWA members need predictability and certainty in determining if a waterbody is subject to jurisdiction of the CWA. ACWA encourages the Agencies to develop geospatial datasets and maps to aid in identifying jurisdictional waters. Additionally, the Agencies need to be specific about the degree of regulation that accompanies that designation. Regulatory certainty is essential for water agencies to understand how to plan for and meet water quality objectives and also protects water agencies from potential litigation for CWA violations.

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