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New Water Protection Definition: Less Bureaucracy for Landowners

This act redefines which waters are subject to federal protection, potentially simplifying processes for landowners and farmers. It establishes clear rules for what constitutes regulated waters and what does not, aiming to reduce legal uncertainty and permit-related costs. Citizens can now more easily determine if their property falls under federal water protection regulations.
Key points
The act specifies which waters are considered "navigable" and subject to federal protection, excluding many types of waters like ditches, artificial ponds, or groundwater.
Landowners can now request a binding determination on whether waters on their property are regulated, with a decision required within 60 days and at no cost.
If authorities fail to issue a determination within the timeframe, the waters on the property will not be considered regulated, providing greater legal certainty for citizens.
Determinations of non-regulated status are binding as long as the landowner has a legal interest in the property, ensuring long-term stability.
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Additional Information
Define WOTUS Act of 2021
Print number: S 2168
Sponsor: Sen. Braun, Mike [R-IN]
Process start date: 2021-06-22