# Plain Language Summary of the WATER Act

This bill is about deciding which bodies of water fall under federal environmental protection rules. Specifically, it locks in a narrower definition of "waters of the United States" that was created in 2020, rather than allowing a broader definition from 2015 to apply. Think of it this way: the federal government has rules about which waterways it can regulate and protect under the Clean Water Act, and this bill is saying "use this specific, more limited version of what counts as a protected waterway."

The bill's supporters argue that the 2015 definition was too broad and gave the federal government too much control over private land and water. They claim it particularly burdened farmers and property owners who found themselves subject to federal regulations on small wetlands, streams, or other water features on their land. By codifying the 2020 definition instead, the bill aims to reduce federal oversight and give property owners more freedom to use their land without needing federal permits for water-related activities. The bill essentially says that Congress, not federal agencies, should make these important decisions about environmental regulation.

The practical effect is that some wetlands, streams, and other water features that would have been protected under the broader 2015 rules would no longer qualify for federal protection under this bill's narrower definition. This could mean fewer environmental restrictions for landowners and businesses in some cases, but it could also mean less federal protection for certain waterways and wetlands. Environmental groups would likely argue this weakens water pollution protections, while property rights advocates would say it prevents government overreach.

WATER Act

Latta, Robert E.

Withstanding Attempts to Encroach on our Resources Act of 2021 or the WATER Act This bill specifies which bodies of water fall under the scope of the Clean Water Act and are thereby under federal jurisdiction. Specifically, the bill provides statutory authority for the definition of waters of the United States, commonly known as WOTUS, included in the 2020 Navigable Waters Protection Rule: Definition of &quot;Waters of the United States.&quot; The 2020 rule replaced a 2015 rule that included a more expansive definition of WOTUS.