Date: 08/19/2015
Final
Definition of Waters of the United States
WATER RESOURCES REVIEW COMMITTEE
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09:18 AM -- Definition of Waters of the United States
Mark Pifher, Colorado Springs Utilities, provided an overview of the final rule concerning waters of the United States under the federal Clean Water Act (CWA) (Attachment A). On July 29, 2015, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register defining the scope of waters protected under the CWA. In part, this rule seeks to codify recent U.S. Supreme Court decisions in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, and Rapanos v. United States. The rule is scheduled to take effect August 28, 2015. Mr. Pifher expressed concerns about the potential impact of the new rule on operators of irrigation ditches and other water users. Mr. Pifher identified potential implications of the new rule including additional permit requirements, more reviews under the National Environmental Policy Act, and additional expenses. He also identified plaintiffs in recent litigation challenging the new rule including states, the Farm Bureau, homebuilders, and other affected parties.
Attachment A.pdf