page_title: Clean Water Rule
section_title: Key provisions of the rescinded 2015 rule
hierarchical_section_title: Clean Water Rule / Key provisions of the rescinded 2015 rule
caption_attribution_description: Science shows us why it is important to protect streams &amp; wetlands with our Clean Water Rule. www.epa.gov/cleanwaterrule
context_page_description: The Clean Water Rule is a 2015 regulation published by the U.S. Environmental Protection Agency and the United States Army Corps of Engineers to clarify water resource management in the United States under a provision of the Clean Water Act of 1972. The regulation defined the scope of federal water protection in a more consistent manner, particularly over streams and wetlands which have a significant hydrological and ecological connection to traditional navigable waters, interstate waters, and territorial seas. It is also referred to as the Waters of the United States rule, which defines all bodies of water that fall under U.S. federal jurisdiction. The rule was published in response to concerns about lack of clarity over the acts scope from legislators at multiple levels, industry members, researchers and other science professionals, activists, and citizens.
  The rule was contested in litigation. In 2017 the Trump administration announced its intent to review and rescind or revise the rule. A Supreme Court ruling on January 22, 2018 returned the rule's nationwide authority after the rule was decided to be illegal by a lower court.
context_section_description: The 2015 rule ensures that Clean Water Act (CWA) programs are more precisely defined and intends to save time and avoid costs and confusion in future implementation of the act. The rule intends to make it is easier to predict what action(s) will be taken by the EPA and what processes companies and other stakeholders may have to undergo for projects and permitting. There are no direct changes to the law under the Clean Water Rule. After analysis, the EPA and Department of the Army found that higher instance of water coverage would produce a 2:1 ratio of benefits to costs in implementation after the final rule.  Implementation of the rule will discern any implications for environmental justice communities, though it is clear that "meaningful involvement from minority, low-income, and indigenous populations, as well as other stakeholders, has been a cornerstone of development of the final rule." 
  Specific details that have been clarified by the rule are outlined below.
  Defines more clearly the tributaries and adjacent waters that are under federal jurisdiction and explains how they are covered
  A tributary, or upstream water, must show physical features of flowing water – a bed, bank, and ordinary high water mark – to warrant protection. The rule provides protection for headwaters that have these features and have a significant connection to downstream waters. Adjacent waters are defined by three qualifying circumstances established by the rule. These can include wetlands, ponds, impoundments, and lakes which can impact the chemical, biological or physical integrity of neighboring waters.
  Carries over existing exclusions from the Clean Water Act
  All existing exclusions from longstanding agency practices are officially established for the first time. Waters used in normal agricultural, ranching, or silvicultural activities, as well as certain defined ditches, prior converted cropland, and waste treatment systems continue to be excluded.
  Reduces categories of waters which are subject to case-by-case analysis
  Before the rule, almost any water could be put through an analysis that remained case-specific, even if it would not be covered under CWA. The rule limits use of case-specific analysis by providing certainty and clarity of protected vs non-protected water. Ultimately the rule saves time and avoids further evaluation and the need to take the case to court.
  Protects US "regional water treasures"
  Specific watersheds have been shown to impact downstream water health. The rule protects Texas coastal prairie wetlands, coastal depressions called Carolina Bays and the related seasonal Delmarva bays, western vernal pools in California, pocosins, and other prairie potholes, when impacting downstream waterways.
caption: Infographic from the EPA, outlining the importance of extending coverage to wetlands and streams under the Clean Water Act.
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