By Sarah Chang, USCM Intern
July 30, 2007

The Water Restoration Act of 2007 (CWRA) was introduced on May 22 by Transportation and Infrastructure Committee Chair Representative James L. Oberstar (MN) with support from Energy and Commerce Committee Chairman Representative John Dingell (MI). One of the main purposes of the Act, which has 168 cosponsors, is to amend the Federal Water Pollution Control Act to clarify the definition of water that is subject to federal government jurisdiction, particularly as it relates to the Clean Water Act and Army Corps of Engineer projects.

The Clean Water Restoration Act of 2007 has three main goals:

1) To reaffirm the original intent of Congress in enacting the Federal Water Pollution Control Act Amendments of 1972 to restore and maintain the chemical, physical, and biological integrity of the waters of the United States;

2) To clearly define the waters of the United States that are subject to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and

3) To provide protection to the waters of the United States to the fullest extent of the legislative authority of Congress under the Constitution.

The CWRA defines the term, “waters of the United States,” as “all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting these waters, are subject to the legislative power of Congress under the Constitution.”

It is uncertain at this time how this definition of water will impact local governments. For a copy of the bill, go to the website http://thomas.loc.gov/cgi-bin/thomas. A Senate version has not yet been introduced.