The Environmental Protection Agency and the Army Corps of Engineers have jointly released the long-awaited 2022 Waters of the United States (WOTUS) Rule.  Essentially there has been a reversion to the 1986 Rule with updates and clarification with an emphasis on definitions.

Basically, the new Rule that will take effect during the first quarter of 2023 will address the previously expressed concerns of agriculture.  Converted cropland will henceforth represent an exclusion to the Rule and will not fall under the scope of the Clean Water Act. Irrigated lands and dams to provide livestock with water will also be excluded.

The EPA and the Army Corps of Engineers will provide the agricultural sector with instructional material to clarify the rule.  Concurrently, EPA and Army Corps of Engineers personnel will be trained to administer the Rule and to advise farmers and perform site audits.

It is noted that SCOTUS is currently considering Sackett v EPA and the outcome may invalidate or require modification of the WOTUS Rule.