Waters of the United States

{
  "id": "MLC-T-ENV-030178",
  "term": "Waters of the United States",
  "field": "Environment",
  "definition": "1. All waters which are currently used, were used in the past, or may be susceptible to us in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. All interstate waters including interstate wetlands .All other waters, such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which would or could affect interstate or foreign commerce including any such waters: which are or could be used by interstate or foreign travelers for recreational or other purposes; or from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or which are used or could be used for industrial purposes by industries in interstate commerce. All impoundments of waters otherwise defined as waters of the United States under this definition; Tributaries of waters identified in paragraphs (g)(1)-(4) of this section; The territorial sea; and Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (q)(1)-(6) of this section. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Act (other than cooling ponds as defined in 40 CFR 123.11(m) which also meet the criteria of this definition) are not waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA.\n\n2. Has the meaning set forth in 40 CFR 122.2.\n\n3. (a) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) All interstate waters, including interstate “wetlands;” (c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, “wetlands,” sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) Which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) Which are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundments of waters otherwise defined as waters of the United States under this definition; (e) Tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) The territorial sea; and (g) “Wetlands” adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition.\n\n4. For purposes of the Clean Water Act, 33 U.S.C. 1251et seq. and its implementing regulations, subject to the exclusions in paragraph (o)(2) of this section, the term “waters of the United States” means: (i) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;(ii) All interstate waters, including interstate wetlands;(iii) The territorial seas;\n\n5. All waters [that] are currently used, were used in the past, or [could] be susceptible to use in interstate or foreign commerce, including all waters [that] are subject to the ebb and flow of the tide. b. All interstate waters, including interstate wetlands. c. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters 1. [That] are or could be used by interstate or foreign travelers for recreational or other purposes. 2. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce or 3. [That] are used or could be used for industrial purposes by industries in interstate commerce. d. All impoundments of waters otherwise defined as waters of the United States under this definition. e. Tributaries of waters identified in paragraphs (a) through (d) of this definition. f. The territorial sea and g. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. [see additional notes in § 122.2]\n\n6. For purposes of the Clean Water Act, 33 U.S.C. 1251 et seq. and its implementing regulations, (i) The territorial seas, and waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including waters which are subject to the ebb and flow of the tide; (ii) Tributaries; (iii) Lakes and ponds, and impoundments of jurisdictional waters; and (iv) Adjacent wetlands.\n\n7. (1) Waters which are: (i) Currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (ii) The territorial seas; or (iii) Interstate waters, including interstate wetlands; (2) Impoundments of waters otherwise defined as waters of the United States under this definition, other than impoundments of waters identified under paragraph (a)(5) of this section; (3) Tributaries of waters identified in paragraph (a)(1) or (2) of this section: (i) That are relatively permanent, standing or continuously flowing bodies of water; or (ii) That either alone or in combination with similarly situated waters in the region, significantly affect the chemical, physical, or biological integrity of waters identified in paragraph (a)(1) of this section; 94) Wetlands adjacent to the following waters: (i) Waters identified in paragraph (a)(1) of this section; or (ii) Relatively permanent, standing or continuously flowing bodies of water identified in paragraph (a)(2) or (a)(3)(i) of this section and with a continuous surface connection to those waters; or (iii) Waters identified in paragraph (a)(2) or (3) of this section when the wetlands either alone or in combination with similarly situated waters in the region, significantly affect the chemical, physical, or biological integrity of waters identified in paragraph (a)(1) of this section; (5) Intrastate lakes and ponds, streams, or wetlands not identified in paragraphs (a)(1) through (4) of this section: (i) That are relatively permanent, standing or continuously flowing bodies of water with a continuous surface connection to the waters identified in paragraph (a)(1) or (a)(3)(i) of this section; or [Definition truncated. For full definition, see\n\n8. Means a.) All waters [that] are currently used, were used in the past, or [could] be susceptible to use in interstate or foreign commerce, including all waters [that] are subject to the ebb and flow of the tide. b.) All interstate waters, including interstate wetlands. c.) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters 1.) [That] are or could be used by interstate or foreign travelers for recreational or other purposes. 2.) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce or 3.) [That] are used or could be used for industrial purposes by industries in interstate commerce. d.) All impoundments of waters otherwise defined as waters of the United States under this definition. e.) Tributaries of waters identified in paragraphs (a) through (d) of this definition. f.) The territorial sea and g.) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition.\n\n9. Waters used in or supporting interstate or foreign commerce or recreation, waters used for interstate or foreign industrial purposes, interstate waters and wetlands, the territorial sea, and the tributaries of and wetlands adjacent to those waters. This term is often used to describe those waters falling under the jurisdiction of the CWA.",
  "subject": "Water",
  "references": [
    "40 CFR 232.2 (CFR 2013)",
    "40 CFR 721.3 (CFR 2013)",
    "40 CFR 122.2 (CFR 2013)",
    "Definition truncated. For full definition, see 40 CFR 230.3 (CFR 2013)",
    "NPDES Permit Writers Glossary",
    "40 CFR 63.1990 (CFR 2020)",
    "33 CFR 328.3 (2023)",
    "see additional notes in § 122.2",
    "Aquatic Resources Awareness Course for Real Estate Appraisers Glossary"
  ],
  "url": "https://mlchart.com/terminology/environment/waters-of-the-united-states/"
}