H.R. 1556: Define WOTUS Act

the territorial seas;

interstate waters that are used, or are susceptible to use in the natural and ordinary condition of those waters, as a means in transport of interstate or foreign commerce;

relatively permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, rivers, or lakes, that flow directly into waters described in clause (ii); and

wetlands that are adjacent to and have a continuous surface water connection to waters described in clause (ii) or (iii).

intermittent or ephemeral waters, including features that flow only in response to precipitation or melt from snowpack;

subsurface waters, such as groundwater or underground streams, including subsurface waters drained through subsurface drainage systems, such as drain tiling;

intrastate waters, unless the waters meet the requirements described in subparagraph (A);

a man-made channel or ditch, including irrigation, distribution, and drainage systems;

prior converted cropland;

artificially irrigated areas;

artificial lakes and ponds constructed in upland;

water-filled depressions created in upland, including water-filled depressions incidental to mining or construction activity;

stormwater control features excavated or constructed in upland to convey, treat, infiltrate, or store stormwater runoff;

wastewater recycling structures constructed in upland;

waste treatment systems;

waters that require the use of means beyond visual inspection by the naked eye, including aerial photographs, satellite imaging, or hydrological testing, to determine if the waters meets the requirements described in subparagraph (A); or

any other waters that do not meet the requirements under subparagraph (A), without regard to whether the water—

Continuous surface water connection

The term continuous surface water connection means a connection with respect to which an ordinary person would not be able to visually determine by the naked eye, by looking at the water surface, where 1 body of water ends and the other begins.

Relatively permanent, standing, or continuously flowing bodies of water

The term relatively permanent, standing, or continuously flowing bodies of water means waters that, except in cases of extreme events (such as a drought)—