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”
Read comments of state departments below:
Arizona Department of Environmental Quality California Attorney General et al. California State Water Resources Control Board Colorado Department of Public Health and Environment, Water Quality Division Idaho Attorney General Montana, Office of the Governor Nebraska Department of Water, Energy and Environment Nevada Division of Environmental Protection New Mexico Environment Department North Dakota Attorney General Oklahoma Department of Environmental Quality Oregon, Office of the Governor South Dakota Department of Agriculture and Natural Resources Utah Public Lands Policy Coordinating Office Washington State Departments of Ecology, Natural Resources, and Fish and Game Washington State Departments of Ecology, Natural Resources, and Fish and Game (Detailed Comments) West Virginia Attorney General et al. Wyoming Department of Environmental Quality