Latta sponsors WATER Act to redefine Waters of the United States rule

U.S. Rep. Bob Latta (R-OH) on April 19 led more than a dozen fellow Republicans to introduce legislation that would amend the Federal Water Pollution Control Act to codify the definition of the term “Waters of the United States” (WOTUS).

“The rule is an alarming regulatory overreach of the executive branch into policy that should be addressed by Congress through the legislative process,” said Rep. Latta on Monday. “We need to codify and better define the definition of WOTUS and give back the rights to property owners.”

Rep. Latta sponsored the Withstanding Attempts to Encroach on our Resources (WATER) Act, H.R. 2660, with 18 cosponsors including U.S. Reps. Ann Wagner (R-MO), Dusty Johnson (R-SD), Steve Stivers (R-OH), Nancy Mace (R-SC), Michael Burgess (R-TX), and Billy Long (R-MO).

In 2015, the Obama administration’s Army Corps of Engineers and Environmental Protection Agency (EPA) revised regulations defining the scope of waters protected and regulated under the Clean Water Act, significantly expanding federal jurisdiction over virtually all waters and wet areas in the United States, explained Rep. Latta. 

“This decision, known as the 2015 WOTUS rule, infringes on the rights of property owners, particularly in agricultural communities,” Rep. Latta said. “Landowners, farmers, home builders, and construction companies would have to use limited resources to apply for costly, time-consuming permits for ponds, ditches, or puddles, which they may not even be able to obtain.”

The EPA and Army Corps of Engineers on June 22, 2020 revisited the 2015 WOTUS rule and finalized a revised definition of WOTUS through the Navigable Waters Protection Rule to address legal, economic and jurisdictional concerns surrounding the previous definition, according to information provided by Rep. Latta’s office.

If enacted, H.R. 2660 would codify the WOTUS definition as revised under the 2020 Navigable Waters Protection Rule, thereby ensuring that any future efforts to expand the WOTUS definition would need to be considered in Congress, the information says.