CLEAR Waters Act Removes Federal Protections for Ephemeral Streams and All Groundwater

The newly proposed Clarifying Legal Exclusions Around Regulated Waters Act, or the CLEAR Waters Act, is a short bill that makes a massive change to how the federal government protects water quality. It does this by fundamentally narrowing the definition of "navigable waters" under the Federal Water Pollution Control Act (better known as the Clean Water Act, 33 U.S.C. 1362(7)). Essentially, if it’s not included in this definition, it loses federal oversight and pollution protections. This isn't just bureaucratic housekeeping; it determines which rivers, streams, and ponds get federal backup when it comes to keeping them clean.

Where the Feds Step Back

This bill explicitly carves out three major categories of water features from federal protection. First, it excludes all parts of wastewater treatment systems—meaning lagoons, holding ponds, and other infrastructure designed to treat dirty water—will no longer be considered protected navigable waters. Second, and perhaps most significantly for land management, any stream or ditch that only flows right after it rains (what the bill calls "ephemeral features") is now excluded. If you live in an arid or semi-arid region, this covers a huge amount of the waterways that feed into larger rivers and recharge local water supplies. Third, all groundwater—the water we pull up from wells for drinking, farming, and industry—is also explicitly removed from the definition. This means federal environmental agencies lose their ability to regulate pollution that might affect these sources.

The Real-World Impact on Water Quality

So, what does this mean for your daily life? Think about your local environment. If a developer wants to build near a small stream that only runs during the spring thaw or after a heavy storm, that stream currently receives federal protection because it eventually feeds into a larger river. Under the CLEAR Waters Act, that stream is no longer federally protected. This could make it easier for polluters to dump materials or for construction runoff to flow into these areas without fear of federal penalties. For communities downstream, this means fewer safeguards against contaminants entering their main water sources, especially if they rely on those ephemeral streams for groundwater recharge.

Consider the exclusion of wastewater treatment facilities. While these facilities are designed to treat pollutants, removing them from the definition of "navigable waters" could reduce the incentive for operators to maintain stringent pollution controls, as the threat of federal enforcement is diminished. If a local facility decides to cut costs and pollute a holding pond, the federal government may lose its primary tool for intervention. This shift hands the responsibility—and the cost of cleanup—almost entirely over to state and local governments, which often have fewer resources for enforcement.

The Authority to Exclude More

The bill also includes a provision that grants broad, joint authority to the Administrator of the Environmental Protection Agency (EPA) and the Secretary of the Army (through the Chief of Engineers) to decide on other features that should also be excluded from the definition of navigable waters. This is a significant grant of power, as it allows two appointed officials to unilaterally create further exemptions without having to go back through the legislative process. This vague provision (found in SEC. 2) creates uncertainty and could lead to further erosion of water protections down the line, potentially benefiting specific industries by reducing their compliance requirements. Ultimately, the CLEAR Waters Act shifts oversight away from the federal level, removing a major layer of environmental protection from crucial water sources that affect everything from local ecosystems to your drinking water supply.