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ARTICLE · 30 SEPTEMBER 2026

WOTUS Revisited: EPA And Corps Propose To Refine “Relatively Permanent” And “Continuous Surface Connection”

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California Water Views provides comprehensive coverage and analysis of water law, policy, and regulatory developments affecting California's complex water management landscape. The publication examines critical issues ranging from water rights and environmental compliance to infrastructure projects and drought management strategies.

United StatesEnergy and Natural Resources
Rebecca Hays Barho
Rebecca Hays Barho
Mary Lynn K. Coffee
Mary Lynn K. Coffee
Jennifer Seely
Jennifer Seely
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On September 4, 2026, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers released a supplemental proposal to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act.

This follows a November 2025 proposal that drew more than 220,000 comments and reflects the Agencies’ continued effort to align WOTUS with the Supreme Court’s 2023 Sackett v. EPA decision.

The supplemental proposal focuses on three core concepts:

  • “Relatively permanent” waters – The Agencies propose to drop the “wet season” construct and instead tie jurisdiction largely to whether a feature is perennial, with limited exceptions for droughts and short dry spells.

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