In May of 2023, the Supreme Court handed down a decision that significantly limited the scope of the Clean Water Act, undoing protections that safeguarded the nation’s waters for over 50 years. Specifically, it erased critical protections for tens of millions of acres of wetlands, threatening the clean drinking water sources for millions of Americans.
While the Biden administration amended rules to comply with the Supreme Court ruling, the Trump administration recently released a new draft rule that would go further than even the Supreme Court in limiting what waters can be protected.
The Clean Water Act’s definition of “Waters of the United States” (WOTUS) is core to defining what waters are protected and which aren’t. Unfortunately, the Trump Administration’s newly proposed WOTUS rule would roll back protections for vast areas of wetlands and river tributaries. It’s estimated that close to 80% of America’s remaining wetlands would lose Clean Water Act protections. As written, the rule would leave many waterways vulnerable to pollution, degradation, and destruction, threatening water quality and community resilience across the country.
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Here are our top four concerns with the new WOTUS proposal
1. The rule requires streams and wetlands to have surface water “at least during the wet season” in order to qualify for protection. But it never defines what the wet season actually is.
What this means for river: Wet seasons vary dramatically from region to region, and without a clear, science-based definition, many healthy and ecologically important streams risk being excluded.
2. Narrow definitions and expanded exemptions shrink the scope of protected waters.
What this means for rivers: By redefining “tributary” to include only streams with year-round or steady “wet-season” flow, and expanding exemptions for wastewater and waste-treatment systems, the new rule would eliminate protections for many intermittent streams and man-made infrastructure that function like natural streams, opening the door to more unregulated pollution. Many rivers in the Southwest only flow for part of the year. This updated definition would put many of these rivers at risk.
3. The rule suggests any artificial or natural break in flow cuts off upstream protection.
What this means for rivers: Under the proposed rule, a culvert, pipe, stormwater channel, or short dry stretch can sever jurisdiction. This means upstream waters that feed larger rivers may no longer be protected, allowing pollution to still flow into nominally protected rivers and streams.
4. The rule significantly eliminates wetland protections by requiring “wetlands” to physically touch a protected water and maintain surface water through the wet season.
What this means for rivers: The new definition excludes many wetlands, which naturallystore floodwater, filter pollutants, and safeguard communities. This puts the drinking water for millions at risk and increases the risks of flooding for many communities.
The health of our rivers depends on the small streams and wetlands that feed them. By discarding science, narrowing long‑standing definitions, and creating confusing jurisdictional tests, the Trump Administration’s proposed WOTUS rule risks undoing decades of progress toward cleaner, safer water. America’s rivers—and the communities that depend on them—deserve better.
