On January 5, WSWC submitted a comment on the proposed rule updating the definition of Waters of the United States (WOTUS)(90 FR 52498). WSWC expressed appreciation for the nuanced questions included in the preamble, emphasizing the importance of states’ perspectives on every aspect of the proposed rule. WSWC requested that the agencies take the state co-regulator working schedules into account when determining the timing and length of comment periods for such substantial rule proposals. The letter reiterated the Council’s position that agencies should maintain a high standard of cooperative federalism, maintain technical and financial assistance to the states, invest in the development of geospatial mapping of jurisdictional determination data, and consider the development of a dispute resolution mechanism. To read the full letter, click the link below.
WSWC Comments on the 2026 Proposed Updated Definition of “Waters of the United States”