The Clean Water Act was passed in the 1970's which gave the Federal Environmental Protection Agency (EPA) authority to regulate "navigable waterways. Most people when they hear navigable waterways, think of barges and riverboats. Meaning large major rivers that are used for transportation. Well, the Obama EPA changed the words navigable waterways to "waters of the U.S. or WOTUS.

So, by changing a couple words in the Clean Water Act the EPA claimed they had the authority to regulate just about anything that had water in it at anytime. My grass waterway that only has water in it after a heavy rain or pothole on the "back 40" now can be regulated by the EPA. Many farmers and farm groups saw this as a tremendous overreach of power by the EPA and was challenged in court.

Land owners and farm groups won in court and was still in the courts on appeal when Donald Trump was elected President. The Trump EPA abandoned the WOTUS language and many thought it was over. Well, it was not a surprise to many that the Biden EPA is supporting WOTUS and here we go again!

I am not sure how this will eventually be resolved. However, I am quite certain that Senators and Representatives that passed the Clean Water Act in the 1970's did not intend to give the EPA the power and authority to regulate my drainage ditch or grass waterway?

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