Clean Water Act Definition of “Waters of the United States”

The **Clean Water Act** (**CWA**) is the primary federal law in the United States governing water pollution. Enacted by the 92nd Congress. October 18, 1972. Public law 92-500, Statutes at Large 86 Stat. 816

Americans depend on clean and abundant water. However, over the past decade, interpretations of Supreme Court rulings removed some critical waters from Federal protection, and caused confusion about which waters and wetlands are protected under the Clean Water Act. As a result, important waters now lack clear protection under the law, and businesses and regulators face uncertainty and delay. The Obama Administration is committed to protecting waters on which the health of people, the economy and ecosystems depend.

U.S. EPA and the U.S. Army Corps of Engineers have developed draft guidance for determining whether a waterway, water body, or wetland is protected by the Clean Water Act. This guidance would replace previous guidance to reaffirm protection for critical waters. It also will provide clearer, more predictable guidelines for determining which water bodies are protected by the Clean Water Act. The draft guidance will be open for 60 days of public comment to allow all stakeholders to provide input and feedback before it is finalized.

The draft guidance will reaffirm protections for small streams that feed into larger streams, rivers, bays and coastal waters. It will also reaffirm protection for wetlands that filter pollution and help protect communities from flooding. Discharging pollution into protected waters (e.g., dumping sewage, contaminants, or industrial pollution) or filling protected waters and wetlands (e.g., building a housing development or a parking lot) require permits. This guidance will keep safe the streams and wetlands that affect the quality of the water used for drinking, swimming, fishing, farming, manufacturing, tourism and other activities essential to the American economy and quality of life. It also will provide regulatory clarity, predictability, consistency and transparency.

This guidance and its literature may be found using the term: Environmental mitigation.

Environmental mitigation refers to the process by which measures to avoid, minimise, or compensate for adverse impacts on the environment are applied.^[1] In the context of planning processes like Environmental Impact Assessments, this process is often guided by applying conceptual frameworks like the “mitigation hierarchy” or “mitigation sequence”.^[2] This generally includes the steps avoid, reduce, restore, and offset.^[3] In some countries, environmental mitigation measures, including biodiversity offsetting, may be required by law.^[4]

This practice originated with The Fish and Wildlife Coordination Act (FWCA) of the United States and was enacted March 10, 1934, to protect fish and wildlife when federal actions result in the control or modification of a natural stream or body of water.
Wikipedia. Fish and Wildlife Coordination Act. 10 Mar 1934.