2020 WOTUS RUle - In This Issue: - Upcoming Stories: Washington Department of

Since the passage of the CWA in 1972, defining the scope of federal jurisdiction to regulate waters within the borders of the United States has been the subject of constant litigation, legislative scrutiny, and regulatory adjustments. [...] It concludes with a discussion of the State’s role in addressing the situation, and factors for the State to consider in addressing the new legal landscape for the waters of Arizona.2 Issue #196 June 15, 2020 Issue #196 The Water Report History of WOTUS & the Current Regulatory Rule WOTUS in Sources of Legal Authority The CWA sets the legal framework for protecting America’s waters. [...] They asked that the requested evaluation “include an examination of the cumulative impacts of the rule on tribal jurisdiction, economies, and environmental, cultural, and historic resources.”59 The Association also urged agencies to consult with the association’s member tribes, Indian nations, and communities across the country and to retain the 2015 rule in its entirety while conducting the evalu. [...] Issue #196 The Water Report Comments Raising Legal and Policy Considerations WOTUS in The Arizona Department of Environmental Quality (AZDEQ) expressed its support for the proposed revised rule claiming that the application of the 2015 Rule has an uncompensated impact on the value of Arizona private and State Trust land.62 The Arizona Association of Conservation Districts supported the revised rul. [...] The AFB added that Mining “the final rule’s definition of WOTUS must provide clarity and certainty, and must precisely limit the reach Comments of the federal government under CWA.”74 The Arizona Mining Association urged the agencies to properly define and narrow the scope of traditional navigable waters consistent with the correct legal definition of “navigable waters of the United States.”75 Com.