U.S. Senators Roger Marshall (R-Kansas) and Joni Ernst (R-Iowa) have introduced the Clarifying Legal Exclusions Around Regulated (CLEAR) Waters Act. The proposed legislation aims to exclude groundwater, farm ponds, irrigation ditches, and puddles from federal regulation under the Clean Water Act. Supporters say this measure is intended to provide clarity for farmers, ranchers, and landowners regarding which water features on their property are subject to federal oversight.
Senator Marshall said, “I’m proud to join my colleagues in introducing the CLEAR Waters Act, and I thank Senator Ernst for her leadership on this important legislation. By codifying EPA’s longstanding waste treatment system exemption and ensuring groundwater and ephemeral features are not navigable waters under WOTUS, we are streamlining compliance standards and reducing regulatory burdens – while maintaining strong environmental protections.”
Senator Ernst added, “If you try and navigate a wastewater treatment pool, you will be up a creek without a paddle. WOTUS regulatory uncertainty has threatened the livelihoods of hardworking Iowa farmers, small businesses, and landowners for far too long, and I was thrilled to join EPA Administrator Zeldin in announcing that the Trump administration is revising this misguided and harmful regulatory expansion. After leading this fight for a decade, I am making it CLEAR that the federal government has no business regulating cooling ponds, municipal treatment plants, groundwater, and streams that only flow after rainfall under WOTUS.”
The bill seeks to codify aspects of the Supreme Court’s 2023 Sackett v. EPA decision. That ruling narrowed what constitutes “waters of the United States” (WOTUS), limiting federal authority over certain bodies of water.
The full text of the bill can be found at: Click here to read the full bill text.
