The American Farm Bureau Federation is voicing support for proposed changes to federal water regulations, saying the revisions would provide farmers and ranchers with greater clarity about which waterways and wetlands fall under federal oversight.
The proposed changes involve the definition of “waters of the United States,” commonly known as WOTUS, which determines which bodies of water are regulated under the federal Clean Water Act.
The Environmental Protection Agency and U.S. Army Corps of Engineers issued a supplemental proposal in September that would further clarify federal jurisdiction over certain waterways, wetlands and agricultural drainage features.
In comments submitted to federal regulators, the American Farm Bureau Federation said the changes would bring federal water regulations into closer alignment with the U.S. Supreme Court’s 2023 decision in Sackett v. EPA.
The organization says farmers have faced years of uncertainty over whether drainage ditches, wetlands and other water features on agricultural property are subject to federal permitting requirements.
Under the supplemental proposal, federally regulated waters would generally need to be considered “perennial,” meaning they contain standing or continuously flowing water every day of the year under ordinary conditions.
That would replace a previous standard that included waters flowing during a state’s designated wet season.
Farm Bureau officials say the revised definition would provide a more predictable framework for determining which waterways fall under federal jurisdiction.
The organization is also urging regulators to maintain specific exemptions for agricultural drainage and irrigation ditches, previously converted cropland and similar agricultural features.
Farm Bureau warned that without clear exemptions, some farm drainage systems could be classified as federally regulated waters, potentially creating additional permitting requirements for agricultural operations.
While supporting the overall proposal, the organization says implementation will be important.
Farm Bureau is asking federal agencies to make jurisdictional determinations based on actual conditions observed in the field rather than relying solely on maps or computer models.
The organization also believes federal regulators should be responsible for demonstrating that a particular water feature falls under federal jurisdiction.
The EPA and Army Corps of Engineers are seeking public input on the proposed definitions of relatively permanent waters and wetlands with a continuous surface connection to federally regulated waters.
The changes could have implications for farmers and agricultural landowners throughout Southern Illinois, where drainage systems, irrigation features and wetlands are common parts of farming operations.he American Farm Bureau Federation is voicing support for proposed changes to federal water regulations, saying the revisions would provide farmers and ranchers with greater clarity about which waterways and wetlands fall under federal oversight.
The proposed changes involve the definition of “waters of the United States,” commonly known as WOTUS, which determines which bodies of water are regulated under the federal Clean Water Act.
The Environmental Protection Agency and U.S. Army Corps of Engineers issued a supplemental proposal in September that would further clarify federal jurisdiction over certain waterways, wetlands and agricultural drainage features.
In comments submitted to federal regulators, the American Farm Bureau Federation said the changes would bring federal water regulations into closer alignment with the U.S. Supreme Court’s 2023 decision in Sackett v. EPA.
The organization says farmers have faced years of uncertainty over whether drainage ditches, wetlands and other water features on agricultural property are subject to federal permitting requirements.
Under the supplemental proposal, federally regulated waters would generally need to be considered “perennial,” meaning they contain standing or continuously flowing water every day of the year under ordinary conditions.
That would replace a previous standard that included waters flowing during a state’s designated wet season.
Farm Bureau officials say the revised definition would provide a more predictable framework for determining which waterways fall under federal jurisdiction.
The organization is also urging regulators to maintain specific exemptions for agricultural drainage and irrigation ditches, previously converted cropland and similar agricultural features.
Farm Bureau warned that without clear exemptions, some farm drainage systems could be classified as federally regulated waters, potentially creating additional permitting requirements for agricultural operations.
While supporting the overall proposal, the organization says implementation will be important.
Farm Bureau is asking federal agencies to make jurisdictional determinations based on actual conditions observed in the field rather than relying solely on maps or computer models.
The organization also believes federal regulators should be responsible for demonstrating that a particular water feature falls under federal jurisdiction.
The EPA and Army Corps of Engineers are seeking public input on the proposed definitions of relatively permanent waters and wetlands with a continuous surface connection to federally regulated waters.
The changes could have implications for farmers and agricultural landowners throughout Southern Illinois, where drainage systems, irrigation features and wetlands are common parts of farming operations.