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The Clean Water Act (CWA) explicitly calls for the federal government to protect “navigable waters.” EPA and the Army Corps of Engineers defines the term navigable waters as “waters of the United States” (WOTUS), including the territorial seas. While WOTUS has been subject to debate and litigation over the years, the latest regulatory definition outlines the categories of waters that are currently considered “waters of the United States.” These jurisdictional waters include:
The regulatory definition also outlines 12 waters or features that are not considered WOTUS, by definition. See the complete definition of “waters of the United States” in the Key Definitions section below.
The definition of “navigable waters” and “waters of the United States” helps regulators, regulated entities, and the public understand where the CWA and its implementing regulations apply and where they do not. See the list of implementing regulations in the Regulatory Citations section below.