Clean Water Act Definition of "Waters of the U.S."

Drinking Water and Edwards Creek, Texas
Crude oil was discharged into Edwards Creek, an intermittent stream near Talco, Texas (Titus County).   Under existing guidance, EPA did not attempt to pursue enforcement of this violation because it was too complex to prove the water was protected under the Clean Water Act. No clean up was required under the Clean Water Act. More than 50 percent of residents in Titus County get their drinking water from sources dependent on these kinds of creeks.

Source: EPA’s Office of Enforcement and Compliance Assistance (OECA).

Recreation in Lake Blackshear, Georgia
Challenges in proving jurisdiction hampered enforcement efforts when a large animal feeding operation in Georgia.discharged liquid manure to tributaries. Unhealthy levels of viruses and bacteria were found downstream in Lake Blackshear, used for waterskiing and other water recreation.

Source: Georgia Department of Natural Resources, State Parks and Historic Sites.

Pollution in San Pedro River, Arizona
Storm water from construction sites carried oil, grease, and other pollutants into tributaries to the San Pedro River – an internationally recognized river ecosystem supporting diverse wildlife. However, the waters in question only flow for part of the year. EPA has had to discontinue all enforcement cases in this area because it was so time-consuming and costly to prove that the Clean Water Act protects these rivers.

Source: Tana Kappel © The Nature Conservancy.