The entire agriculture community fully supports the goals of the Clean Water Act to protect our nations waterways and has long-sought clarity in the definition of what are “jurisdictional” waters under the responsibility of the federal government. The vast majority of those involved in national agriculture policy believe that this clarity had been achieved by the federal government in recent years and is concerned with what this new effort might bring.
State and tribal governments share responsibility for protection of waterways and have advocated for a definition of WOTUS that reflects consideration of the statute as a whole, including section 101(b), which states “it is the policy of Congress to recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration, preservation, and enhancement) of land and water resources.” 33 U.S.C. 1251(b).
