Waters of the U.S. Action Center

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County Infrastructure Potentially Affected 

  • ​​​​​​Public Safety Water Conveyances: Roads and roadside ditches, flood control channels, drainage conveyances, culverts, etc.
  • Stormwater Municipal Separate Storm Sewer Systems (MS4): Comprised of channels, ditches and pipes
  • Green Infrastructure Construction and Maintenance Projects: Includes, but not limited to low-impact development projects (LID), bioswales, vegetative buffers, constructed wetlands, stormwater detention ponds, etc.
  • Drinking Water Facilities and Infrastructure (not designed to meet CWA requirements): Reservoirs, dams, ponds, canals, large water transport systems (Central Arizona Project, California Aqueduct, Colorado River Aqueduct, etc.)
  • Water Reuse and Infrastructure: Includes facilities built to generate additional water supply, their ponds, recharge basins, canals and ditches.

Waters of the U.S.

On May 27, 2015 the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) finalized their Definition of Waters of the U.S. under the Clean Water Act.

Since its proposal last year, NACo has expressed multiple concerns on the rule's impact on county-owned and maintained roadside ditches, flood control channels, drainage conveyances and wastewater and stormwater systems.


  • Associate Legislative Director – Environment, Energy & Land Use  
    (202) 942-4269