Water flows in an intricate system—a system that distributes water from high elevation landscapes, through watersheds, where it interacts with vegetation or is absorbed through soil, percolating down to groundwater aqueducts, then continues its path to the ocean where it evaporates, thus renewing the cycle. Water, as a system, is never sedentary, and it reacts closely with its environment. The phrase “navigable waters” has come to represent a portion of a complex system. The phrase simplifies the system by removing its intricacies, allowing political regimes and the public to designate what they consider important and worthy of protection under the Clean Water Act.
In February 2018, the United States Environmental Protection Agency (EPA) and the Department of the Army (Army) (referred to collectively as “the Agencies”) finalized a rule that established an applicability date of February 2020 for the 2015 Rule defining “waters of the United States” (WOTUS). Following finalization of the rule, the Southern District of Washington enjoined and vacated this 2018 applicability date. This has led the Agencies to focus on the rulemaking actions underway, rather than litigation. Through the rulemaking process, the public has a chance to weigh in on what the “waters of the United States” are and hopefully find a rule that will benefit the entire nation..