NCBA Responds to Newly Released WOTUS Rule: What Producers Need to Know
The National Cattlemen’s Beef Association (NCBA) is responding to the federal government’s newly released Waters of the United States (WOTUS) rule, and according to Mary Thomas Hart, NCBA’s Chief Counsel, the updated definition reflects an important shift toward clarity and practicality for agricultural landowners.
Hart explained that the best place to begin is with the Supreme Court’s Sackett decision, which significantly shaped the direction of the new rule. She noted, “Fortunately, we have an administration that really saw that Supreme Court decision for what it was and worked really hard to put together a definition that balances protection of our nation’s natural resources with protecting the interests of farmers and ranchers.”
A Clearer, More Practical Definition for Landowners
One of the most important improvements in the updated WOTUS rule is the emphasis on transparency and usability for everyday landowners. According to Hart, “Any landowner, not just a technical expert, not just an attorney, not just a wetland specialist, can go out, look at water features on their property, and at least make a preliminary determination about whether that feature is going to be subject to federal permitting.”
To accomplish this, the rule uses a two-part test to determine whether a water feature is potentially jurisdictional. Under the rule, a jurisdictional water must have:
- Relatively permanent flow, and
- Physical characteristics—such as beds and banks—showing that water movement is strong enough to leave a visible mark on the land.
Reducing Overregulation of Minor Water Features
A major concern for cattle producers has long been the inclusion of minor or temporary water features under federal control. Hart emphasized that the new definition provides much-needed boundaries. She explained, “We want to make sure that we’re not regulating every trickle, but we also want to make sure that we’re regulating water that’s flowing fairly continuously.”
Under the new rule:
- Ephemeral features are out.
- Most intermittent features are also out.
- A water body must carry water at least seasonally to fall under federal jurisdiction.
This means producers can expect far fewer regulatory surprises and clearer expectations when evaluating features on their land.
Audio Reporting by Dale Sandlin for Southeast AgNet.