Federal Water Rule Could Ease Burdens for Farmers

According to a recent Ag Alert from the California Farm Bureau, a new federal rule from the Trump administration is expected to ease regulatory pressure on farmers by narrowing which waterways fall under federal control. EPA and the Army Corps proposed the rule after the 2023 Sackett v. EPA decision, aiming to settle long running confusion over how the Clean Water Act applies to working farmland.

The proposal limits federal oversight to relatively permanent water bodies like rivers, lakes and streams, plus wetlands that are directly connected to them. Ephemeral waters, certain ditches and prior converted cropland would no longer require federal permits. EPA Administrator Lee Zeldin said, “No longer should America’s landowners be forced to spend precious money hiring an attorney or consultant just to tell them whether a water of the United States is on their property.”

California Farm Bureau reports that farm groups say the changes add clarity and shine light on the fact that, here in California, state rules remain stricter. CFB says the state water board is expected to release a report in the coming months that may signal further changes. Public comments on the federal proposal are open until January 5.