Hence, the agencies believe the proposed rule will respect state regulation of local waters "while protecting the nation's
navigable waters as intended by Congress when it enacted the Clean Water Act."
The definition of "
navigable waters" is therefore crucial to determining whether a permit is required.
Discharges into groundwater connected to
navigable waters
Louis, said the standard for determining whether the water is
navigable generally is whether the body of water in its current condition is capable of supporting interstate commerce.
To fall within the scope of the Clean Water Act, the waterway must be
navigable and used in interstate commerce.
wetlands" and "other waters" that, while not
navigable in
Based on this term, within the WOTUS rule the EPA assumed that there would be many waterways that automatically pass the "significant nexus test," for example tributaries to rivers and streams that "aren't necessarily
navigable in the traditional sense, but they go right into
navigable waters; therefore the test is passed," Kindred says.
In April 2014, the EPA and USACE attempted to clarify and redefine "waters of the United States" to include isolated water bodies and other water bodies with a hydrological connection to traditional
navigable waters.
The EPA always believed its jurisdiction stretched beyond traditional
navigable waters, like rivers and seas, to the smaller bodies of water and wetlands that can affect them, but it didn't have a strong legal basis to prove it.
An especially unique feature to the guide, is information about some of the lesser known creeks and tributaries that are all
navigable by dinghy, shallow draught small craft and kayak, and will mean you can discover some of the more hidden places that are well worth a look.
The CWA prohibits facilities from discharging pollutants into "
navigable waters" without a federal permit, and "
navigable waters" are protected under the CWA, which defines these waters as "Waters of the U.S."
