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Navigable Waters Protection Rule

Definition of "Waters of the United States": Rule Status and Litigation Update

The Navigable Waters Protection Rule became effective on June 22, 2020 and is being implemented by EPA and the Army in 49 of the 50 states. On June 19, 2020, the U.S. District Court for the District of Colorado stayed the effective date of the Navigable Waters Protection Rule in the State of Colorado. While the stay is in effect for the state, the agencies will continue to administer the longstanding definition of “waters of the United States”—which was restored by the agencies’ recent repeal of the 2015 Rule—and will implement those regulations consistent with Supreme Court decisions and informed by applicable agency guidance. Read the final Navigable Waters Protection Rule.

If a state, tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office or the EPA.