WOTUS Watch: What’s next?

The U.S. Environmental Protection Agency, Washington, D.C., has announced plans to revise the definition of “waters of the United States” (WOTUS), following the Supreme Court’s ruling in Sackett v. EPA. The decision, which limited federal jurisdiction over certain wetlands and waterways, has prompted the agency to revisit the 2023 WOTUS rule with a focus on streamlining permitting processes and reducing compliance costs. 

“We want clean water for all Americans supported by clear and consistent rules for all states, farmers, and small businesses,” said EPA Administrator Lee Zeldin. “The previous Administration’s definition of ‘waters of the United States’ placed unfair burdens on the American people and drove up the cost of doing business. Our goal is to protect America’s water resources consistent with the law of the land while empowering American farmers, landowners, entrepreneurs, and families to help Power the Great American Comeback.” 

Uncertainty for the irrigation industry 

For the irrigation industry, regulatory clarity is essential. The shifting definitions of WOTUS in recent years have created uncertainty for irrigation professionals, farmers and landscape managers who rely on predictable water management policies. 

“The irrigation industry needs a clear and workable WOTUS definition,” says Nathan Bowen, vice president of policy and industry advancement at the Irrigation Association. “We need a rule that balances environmental protection with practical, common-sense implementation.” 

The previous administration’s WOTUS rule, issued in 2023, faced legal challenges from multiple states and industry groups, who argued that it exceeded federal authority. The Supreme Court’s Sackett decision struck down the “significant nexus” test, which expanded the scope of federally protected waters. Under the forthcoming revision, EPA will seek input from stakeholders to determine how best to move forward while remaining compliant with the ruling. 

Key considerations for irrigation professionals 

As EPA revises the WOTUS rule, the irrigation industry will be watching closely to ensure the final regulation provides clarity and avoids unnecessary regulatory hurdles. Key issues to monitor include 

• definitions of federally protected waters – How the rule defines jurisdictional waters will determine which irrigation projects require federal permits. 

• impact on agricultural and irrigation infrastructure – Farmers and irrigation professionals need certainty regarding water use and permitting requirements. 

EPA has indicated that it will provide additional guidance to states and stakeholders during the transition period. The agency has not yet released a timeline for finalizing the revised rule.