Water Experts Digging Into New WOTUS Proposal

Water experts around the country are looking at the details of the Trump Administration’s proposed Waters of the U.S. rule. While the outlines are becoming clear, some of those experts tell Politico that there are different directions the administration could go when the final rule comes out next year. In written language before the actual proposal, the administration asks for comments on several specific alternatives. That’s something that might help the administration fight off expected legal challenges to a final rule, especially if it looks quite a bit different from the one proposed this year. The proposal would give protection to streams that flow year-round, as well as intermittent waterways that carry water only at certain times of the year. But the EPA and the Army Corps of Engineers ask commenters to weigh in on whether or not the definition should only cover perennial waterways. That would be a much bigger change than what the EPA is currently proposing. The text also asks for comments on whether protection should be given to water features that contribute less than intermittent flow. The proposed rule issued this week would dramatically shrink the number of wetlands protected federally by covering only those that touch or have a direct surface water connection with protected rivers, streams, and lakes.