WASHINGTON, D.C. (RFD-TV) — The Trump Administration, the Environmental Protection Agency (EPA), and the U.S. Army Corps of Engineers have announced a new “Waters of the United States” (WOTUS) rule to comply with the U.S. Supreme Court decision in May of 2023 on the matter.
WOTUS works to define which waters are protected under federal law, a decision that could directly impact rural communities across the country. The rule defines terms such as tributary and continuous surface connection. The new proposal is designed to narrow federal jurisdiction and give farmers a clearer understanding of which water features require Clean Water Act permits.
EPA Administrator Lee Zeldin said the rule follows the Supreme Court’s Sackett decision and aims to end years of shifting definitions that created uncertainty for producers. The proposal focuses federal oversight on relatively permanent waters — such as streams, rivers, and lakes — and on wetlands that are directly connected to those waters through a continuous surface connection.
The current rule, developed during the Biden Administration, was essentially invalidated by the Court’s 2023 decision and needed to be reworked. The updated plan preserves key agricultural exclusions, including prior converted cropland, certain ditches, and waste treatment systems, and adds a new exclusion for groundwater. Industry groups say this approach brings long-awaited clarity after years of regulatory swings. Farm Bureau, the Agricultural Retailers Association, and House Agriculture Chairman GT Thompson all praised the proposal for reducing unnecessary permitting burdens and better aligning with longstanding farm practices.
For producers, the proposal could reduce compliance costs and limit federal oversight of isolated or temporary water features that routinely appear in farm fields. States would gain more authority over locally significant streams and wetlands, while farmers would have greater certainty when planning construction, drainage, conservation practices, and routine fieldwork.
“The WOTUS issue has been a significant concern in agriculture for many years,” writes RFD-TV legal expert Roger McEowen on his Substack. “Hopefully, the new rule will add clarity to the matter.”
According to McEowen, once it is published as a proposed rule, the clock will start on a 45-day comment period (basically until the end of 2025). Then the agencies will consider the comments submitted and craft a final rule that will become effective sometime in 2026.
Ag Lawmakers and Industry Groups React to WOTUS Changes
Congressional ag officials are weighing in on the latest efforts to define WOTUS, as they work to get a clear definition on the books. House Agriculture Chair GT Thompson says the update delivers a “clear, practical definition” for farmers and ranchers.
The National Cattlemen’s Beef Association (NCBA), which has long fought against stricter WOTUS definitions, also praised the move in a statement released on Monday.
Courtney Briggs with the American Farm Bureau Federation (AFBF) joined us on Tuesday’s Market Day Report to offer a perspective on the long-running Waters of the U.S. (WOTUS) issue and what the latest regulatory developments mean for family farmers.
In her interview with RFD-TV News, Briggs discussed the history of the WOTUS regulation, how various interpretations over the years have affected agricultural operations, and why clarity in water policy has remained a top concern for producers nationwide.
In her interview with RFD-TV News, Briggs outlined whether the newest version of the rule offers the regulatory certainty farmers have been seeking and highlighted the most significant components of the update. She also spoke to early reactions from producers and the broader agriculture community as they review the changes.
Briggs closed by outlining the next steps in the regulatory process and noting potential hurdles that may arise as implementation progresses.
