In response to a court order, the Environmental Protection Agency and US Army Corps of Engineers (the agencies) halted the Navigable Waters Protection Rule that was implemented in 2020. As of September 2021, the agencies are interpreting “waters of the United States” (WOTUS) consistent with the pre-2015 Clean Water Act regulatory framework, previous court guidance and implementation protocols. The agencies are in the process of developing a new regulatory definition of WOTUS. More information on the agencies’ approach for redefining WOTUS and current status of rulemaking can be found on
EPA's web page.
In response to the changing definition for WOTUS, DEQ will adapt its regulatory approaches where necessary, while continuing to use available state-based regulatory tools to ensure protections remain in place for waters of the state. DEQ will continue to implement regulatory programs and issue water quality certifications for projects seeking federal CWA 404 permits, and remains committed to improving Oregon’s water quality, and ensuring the protection of waters of the state as intended under Oregon’s existing water quality programs, and consistent with the Oregon Environmental Protection Act.
DEQ expects to collaborate with federal agencies and participate in their rulemaking process to support development of a new definition of WOTUS that will include protections for vital water resources that support public health, environmental protection, agricultural activity, and economic growth. DEQ supports the agencies’ goal to seek out diverse perspectives and craft a durable definition of WOTUS based on the best available science and an inclusive foundation of engagement with all stakeholders.