On April 4, 2025 the Environmental Protection Agency (EPA) and the Army Corps of Engineers initiated a federalism consultation, under the terms of Executive Order 13132 (“Federalism”), for a the agencies’ intent to create a lasting definition of “waters of the United States” (WOTUS) and clear implementation guidelines (Docket ID No. EPA-HQ-OW-2025-0093). On June 2, WSWC sent a letter to EPA leadership expressing the need for robust consultation and continued access to federal technical and financial assistance. WSWC expressed support for the development of geospatial datasets and mapping of jurisdictional waters and the development of a dispute resolution mechanism. “It is the position of the WSWC that any federal effort to clarify or define WOTUS must, among other efforts: (1) create an enduring and broadly supported definition; (2) acknowledge and address the needs, priorities, and concerns of States as co-regulators; (3) provide for a clearly delineated process for resolving differences of opinion over jurisdictional determinations; (4) provide for mapping and map maintenance of jurisdictional waters as a joint federal/state/tribal effort; and (5) consider the potential for a regional approach to implementation, building upon existing classification systems based on hydrology, geology, and climate.”
Western States Water Council
A Voice for Water in the West