Water Conservation

New WOTUS Proposal Could Reduce Red Tape for Farmers and Ranchers

Mon, 17 Nov 2025 18:01:44 GMT

Farmers and ranchers could soon face fewer regulatory hurdles when working near waterways, as EPA and the Army Corps of Engineers released a new proposal on Nov. 17 to redefine “Waters of the United States” (WOTUS). The agencies say the proposed rule is designed to bring long-requested clarity to what features fall under federal jurisdiction potentially reducing permitting uncertainty for agriculture, landowners and rural businesses.

The proposed rule can be found on the Federal Register . The public can submit comments online there or via Regulations.gov on or before Jan. 5, 2026. During the announcement event on Nov. 17, EPA Administrator Lee Zeldin urged the public to submit comments.

The definition of WOTUS determines when producers must secure permits for projects that could affect surface water quality, including common activities such as building terraces, installing drainage or expanding livestock operations. EPA officials say the new proposal aims to align fully with the Supreme Court’s Sackett decision and prevent farmers from needing lawyers or consultants simply to determine whether a water feature on their land is federally regulated.

The proposal follows Zeldin’s promise in March to launch the biggest deregulatory action in history and a series of listening sessions in April and May that asked states, tribes, industry and agriculture to weigh in on WOTUS needs.

Clearer Definition After Years of Confusion

Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle emphasize the rule is designed to be clear, durable and commonsense.

Key elements include:

Defined terms such as relatively permanent, continuous surface connection, and tributary to outline which waters qualify under the Clean Water Act.
A requirement that jurisdictional tributaries must have predictable, consistent flow to traditional navigable waters.
Wetlands protections are limited to wetlands that physically touch and are indistinguishable from regulated waters for a consistent duration each year.
Reaffirmed exclusions important to agriculture, including prior converted cropland, certain ditches and waste treatment systems.
A new exclusion for groundwater.
Locally-familiar terminology, such as “wet season,” to help determine whether water features meet regulatory thresholds.

EPA says these changes are intended to reduce uncertainty that has stemmed from years of shifting definitions across administrations.

Impact of WOTUS Proposal on Agriculture

For producers, the proposal could simplify compliance by narrowing which water features fall under federal oversight and confirming exclusions that many farm groups have long advocated.

Zeldin says the aim is “protecting the nation’s navigable waters from pollution” while preventing unnecessary burdens on farmers and ranchers. He criticizes past Democratic administrations for broad interpretations that, in his view, extended federal reach to features that did not warrant regulation.

Farm groups have argued for years that unclear or overly broad definitions can lead to significant costs, delays and legal risks when planning conservation work, drainage projects or infrastructure improvements. A more consistent rule could reduce project backlogs and limit case-by-case determinations that often slow progress during planting, construction or livestock expansion.

“We’ve seen WOTUS definitions, guidance and legal arguments change with each administration,” said Garrett Hawkins, president of the Missouri Farm Bureau, during the May 1 EPA listening session for agriculture . He adds: “farmers, land owners and small businesses are the ones who suffer the most when we don’t have clear rules.”

Several of those who gave testimony and public comment during the ag listening session argued that farmers and ranchers, who already struggle with unpredictable markets and tight margins, shouldn’t have to hire experts to identify elements of their own land.

“A practical WOTUS definition will allow the average landowner — not an engineer, not an attorney, not a wetland specialist — to walk out on their property, see a water feature and make, at minimum, a preliminary determination about whether a feature is federally jurisdictional,” says Kim Brackett, vice president of the National Cattlemen’s Beef Association, who also gave testimony in May.

Alignment With the Sackett Decision

After the Supreme Court’s 2023 Sackett v. EPA ruling , which restricted federal authority over many wetlands, the agencies say the previous WOTUS definition no longer aligned with the law. EPA already issued a memo earlier this year clarifying limits on jurisdiction over adjacent wetlands. The newly proposed rule is the next step in that process.

The proposed rule focuses on relatively permanent bodies of water — streams, rivers, lakes and oceans — and wetlands that are physically connected to those waters. Seasonal and regional variations are incorporated, including waters that flow consistently during the wetter months.

The current situation is a regulatory patchwork. Due to litigation that followed the January 2023 WOTUS rule, which was considered in the Sackett decision, different states are following different rules. Currently, 24 states, mostly the coastal and Great Lakes states, are operating on the 2023 rule, while the other 26 states, mostly those in center and in the Southeast, are operating on pre-2015 WOTUS rule.

Oversight Rests With State and Tribes

A major theme of the proposal is cooperative federalism, giving more authority to states and tribes to manage local land and water resources. EPA says the rule preserves necessary federal protections while recognizing states and tribal governments are best positioned to oversee many smaller or isolated water features.

Sections 101b and 510 of the CWA are key structural examples of the concept of cooperative federalism. The sections give states and tribes the right to set standards and issue permits for federal activities that could discharge pollutants into a water of the U.S. within the state or territory. The most common example of this are 404 dredge and fill permits.

This focus on cooperative federalism was the main chorus of the EPA’s listening session for states , held April 29, especially as it concerns wetlands.

“If more wetlands are excluded from WOTUS, then certain federal projects would not require a section 401 water quality certification by the states,” noted Jennifer Congdon, director of federal affairs for New York Department of Environmental Conservation, during the states’ listening session. She argues that such a situation could impair water quality within a state, thus violating states’ rights under the CWA.

What Happens Next

The proposed rule is available online for public comment on the Federal Register and Regulations.gov on or before Jan. 5, 2026. EPA and the Army Corps of Engineers will hold two hybrid public meetings, and details for submitting comments or registering to speak will be available on EPA’s website .

After the comment period, the agencies plan to move quickly toward a final rule.

“Once the rule is finalized, it typically takes effect 60 days after publication in the Federal Register pursuant to Congressional Review Act requirements,” the EPA press office told The Packer earlier this summer .

Based on these potential timelines, a new — potentially final — WOTUS rule could take effect as early as early March.

California's Dry Dilemma: No Clear Winners in the Battle for Water Conservation

Tue, 09 Sep 2025 11:21:22 GMT

Living in a hostile regulatory environment is nothing new to California. This is the perspective and viewpoint of Geoffrey Vanden Heuvel, director of regulatory and economic affairs at Milk Producers Council.

“California dairies are managing,” he says. “Right now, we have the water we need, but we are dependent on having at least an average water year to keep things going. A very dry year would make our situation very difficult quite quickly.”

Earlier this year, Senator Anna M. Caballero introduced SB 72, California Water for All, to modernize water planning by establishing statewide water supply targets, enhancing long-term planning, and promoting stakeholder collaboration to address the state’s water challenges.

Symbolism in Legislation
Vanden Heuvel believes SB 72 is great symbolism.

“I don’t believe there are any enforcement mechanisms in the bill to give it weight,” he says, noting that symbols can be important. “But the same legislature that passed SB 72 is also on the verge of passing AB 1319, which will give State of California Endangered Species protection to any species that the Federal Endangered Species Act regulations lessen protection for.”

According to Vanden Heuvel, the Federal Endangered Species Act regulations have significantly reduced the supply of water available to California’s communities and farms.

Impact on Water Supply
“These regulations have reduced the water supply by tens of millions of acre feet over the past 30 years by requiring fresh water that used to be delivered to urban and agricultural use to the ocean to allegedly help fish,” he says. “The tragedy is that the species are in worse shape now than when these regulations took effect. Nothing has been achieved for the environment at a huge cost to society.”

Vanden Heuvel fears that with strong differences among California’s administration and President Donald Trump’s, AB1319 will advance.

“The reality is that there are no consequences in SB 72 for failure,” he says. “It is an aspirational goal.”

The nation’s largest milk-producing state, home to 1.71 million milk cows, continues to navigate regulations that add layers of complexity, costs and concerns toward producers.

Farmers Perspective
For Ryan Junio , owner of Four J Jerseys in Pixley, Calif., his No. 1 concern is the states’ ongoing water crisis.

“As a dairy producer, this is an ever-growing challenge,” he says, reflecting the sentiments of his fellow producers in the state.

David Lemstra relocated his dairy farm from central California to South Dakota due to constant headaches farming in California caused. He said three pivotal factors — feed availability, easier permitting and processing capacity — led them to their new home where they now milk 4,000 cows.

“It’s not one blow that took us out of California,” he says. “It was death by 1,000 cuts.”

The intricate and often burdensome regulatory environment in California continues to shape the landscape of the dairy industry. The multifaceted challenges faced by producers emphasize the need for practical and enforceable legislative solutions to secure the future of dairy in California.

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Where There’s Water, there is a Way for Dairy

Mon, 12 Aug 2024 21:06:15 GMT

Water scarcity is one of the most significant challenges facing the dairy industry, particularly in Texas where the cow population has more than doubled over the past two decades. This growth has come with its own set of hurdles, with water availability being the most pressing.

This issue isn’t isolated to Texas alone, as Sarah Dorland, managing partner at Ceres Dairy Risk Management, aptly noted during the Idaho Milk Processors’ Association (IMPA) Annual Conference in Sun Valley, Idaho, last week. According to Dorland, “where there’s water, there is a way.” Her observation highlights the critical nature of water resources in determining where new dairy facilities and investments are likely to occur.

Migration of Investment Based on Water Availability
“That’s where you’re going to see your different facilities and investment migrate towards,” Dorland says, noting that areas already experiencing significant investments in milk processing, particularly in the Sunbelt, including Texas, may see a slowdown in further investments due to water limitations. She suggests that regions along the U.S. Canadian border, where water is more abundant, will present new opportunities for growth.

“If you run along the U.S. Canadian border, both sides tend to be sufficient in water. In my opinion, that’s what you’re going to see opportunity,” Dorland says.

The Reality of Water Scarcity in Texas
Juan Piñeiro, an assistant professor and extension dairy specialist with Texas A&M AgriLife Research and Extension Center, identifies water scarcity as the prime obstacle for dairy producers in Texas.

“The Panhandle is a semi-desert, with roughly 12 to 18 inches of precipitation a year,” Piñeiro says. To address this, improving water efficiency technologies and practices is critical. “Improving water efficiency with the use of new irrigation technologies, drought-tolerant crops, hydroponic systems, and soil health management, among other strategies, will be key in the future.”

A-Tex Dairy’s Adaptation Strategies
Tom Alger, co-owner of A-Tex Dairy in Friona, Texas, agrees with Piñeiro’s assessment. A-Tex Dairy, which is home to 5,300 cows, faces significant water-related challenges. Alger shares that water scarcity was a problem even when they moved to Friona in 2007, but it has since become a significant challenge.

“The wells’ average flow rate is 400 gallons per minute, and today they might get 150-200 gallons per minute,” Alger explains. “I’ve got some wells holding, while others are dropping quickly.”

A-Tex Dairy has plenty of water for its cows, but feed production is a different matter. “It’s obviously a concern every year,” notes Alger. “We look at what water we have available before we decide what crops to plant.”

To combat water shortages, A-Tex Dairy grows fewer acres of corn and opts for more drought-resistant crops, like sorghum or wheat. “Double cropping is not an option anymore,” explains Alger. By owning 3,500 acres and rotating crops, the dairy manages to feed its cattle efficiently. This year, they plan to allocate 900 acres for corn silage.

Collaborative Solutions
Given the limited rainfall, especially over the last two summers in the High Plains area, water remains a significant concern for producers. A-Tex Dairy collaborates with neighboring farms to purchase additional feed and feels well-positioned for its 2025 feed supply. The dairy also supplements feed with a mix of gluten, distiller grain, and some cottonseed.

The water scarcity issue in Texas’s dairy industry is multifaceted and requires innovative approaches and collaborative efforts to sustain growth. With proactive strategies in water management and crop selection, dairies like A-Tex Dairy are paving the way for a more resilient future in dairy production amidst challenging environmental conditions.