The Policy Greenhouse

What does WOTUS protect?

WOTUS (Waters of the United States) are the waters that are designated to be under the protection of the Clean Water Act. The Clean Water Act was put into place in 1972 and is centered around protecting the cleanliness of all navigable waters in the US. Navigable waters are waters that can be swam in or used as transportation by boats. The CWA (Clean Water Act) protects these navigable waters by preventing the emission of pollutants from any point source in these waters. A point source would be like an effluent pipe coming from a farm, but the CWA allows for the release of treated water from a water treatment center. More specifically, the importance of what is covered under the WOTUS definition is important because a narrow WOTUS definition would allow the protection of wetlands and streams to be left up to the choice of state governments. This is a point of contention because depending on many factors that vary state to state, the protection of wetlands shifts. This is in part due to the effects of the constraints of the CWA on the agricultural industry. The burdens that a wide WOTUS definition places onto the agricultural industry was actually a big reason behind the Trump administration rolling back the WOTUS definition. The heavy regulation that would be put into place off a wide WOTUS definition was an area of concern, as some lawmakers felt that it gave agencies such as the EPA more regulatory power than congress meant to give them.

Conflict over WOTUS Limitations

The agriculture industry is essential to the American economy and makes a considerable contribution to commerce, employment, and food security. A broad WOTUS definition might result in unnecessary regulatory burdens and uncertainty for the business, which can reduce productivity and investment. This can thus have a severe effect on the rural economy and the way of life in many communities that rely on agriculture for their financial security. However,  it’s crucial to establish a balance between promoting sustainable agriculture and environmental conservation. It is possible to alter the WOTUS definition to ensure just and useful regulations. Clarifying the area of waters under federal control is necessary in order to cater for the special requirements of the agriculture sector while also protecting water quality and other natural resources.

Close cooperation between federal agencies, state governments, agricultural stakeholders, and environmental organizations may be necessary to develop an updated WOTUS definition. To distinguish between waters that should be governed at the federal level and those that are under state or municipal control, specific criteria might be set. Clarifying the definition of “waters of the United States” will aid farmers in making educated choices, lower compliance costs, and avoid needless delays in land use operations.

Additionally, encouraging sustainable agriculture methods and offering rewards for conservation efforts can help with better management of water resources. This can be done through offering tax benefits for farmers who choose to use precision agriculture, water-efficient irrigation, and conservation tillage (examples of approaches that can be promoted to help the agricultural industry reduce its environmental impact while maintaining its economic viability).

Sources:

https://eelp.law.harvard.edu/2017/09/defining-waters-of-the-united-states-clean-water-rule/#:~:text=Justice%20Alito%20delivered%20the%20court%27s,)%3B%20and%20second%2C%20that%20the, https://www.transect.com/resources/waters-of-the-united-states#:~:text=Waters%20of%20the%20U.S.%20are,Corps%20of%20Engineers%20(USACE)., https://www.npr.org/2020/01/23/798809951/trump-administration-is-rolling-back-obama-era-protections-for-smaller-waterways, https://www.epa.gov/laws-regulations/summary-clean-water-act, https://agamerica.com/blog/water-regulation-updates/