waters of the United States


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waters of the United States

All navigable waters within the United States. The Army Corps of Engineers attempted to expand the definition to include wetlands and waterways that drained into navigable waters, thus allowing it to require permits from property owners under many circumstances. In the landmark decision of Rapanos v. United States, the Supreme Court decided, on June 19, 2006, that “The phrase the waters of the United States includes only those relatively permanent,standing or continuously flowing bodies of water ‘forming geographic features' that are described in ordinary parlance as ‘streams,' ‘oceans, rivers, [and] lakes'... and does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall.”

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
waters of the United States, the degradation or destruction of which
This Note will test the validity of Part II by applying its framework to the waters of the United States case study in Part III.
It also means that methods of evaluating waters of the United States could change significantly as the EPA broadens its view of "waters" flowing to drainage basins.
* On June 29, Arkansas and 11 other states sued the EPA over its rules defining Waters of the United States.
For example, the underlying assumption is that NWP 12 permitted activities would not result in impacts greater than 112 acre of waters of the United States for each single and complete project.
(OTC: ROGI), an independent oil and gas exploration and production company focused on the onshore and shallow state waters of the United States Gulf Coast area, has reported its financial results for the second quarter of 2014.
contributes to a violation of a water qualify standard or is a significant contributor of pollutants to waters of the United States."
James Oberstar (D-Minn.), chair of the Transportation and Infrastructure Committee, has reintroduced legislation to amend the Clean Water Act, deleting the term "navigable waters" and replacing it with its statutory definition of "waters of the United States."
On that date, restrictions will come into force limiting those who can construct or install a "surface discharging private sewage disposal system that discharges into the waters of the United States." 225 ILCS 225/7.
Specifically, the Court held the Corps needed to demonstrate Rapanos' property possessed a "significant nexus" to navigable waters before it could be regulated as "waters of the United States." Waters and wetlands lacking any discernible hydrological connection to navigable waters are simply beyond the scope of federal regulation.
Supreme Court restricted the reach of the act by adopting a narrow interpretation of the term "navigable waterways." Though Congress had defined the term broadly to include "all waters of the United States," the court ruled that the Clean Water Act did not apply to many of the nation's ponds, tributaries and estuaries.