The battle over how to define federal waters began in the early 1970s and continues today. As a result of changing policy and legal uncertainly, it is a challenge for anyone to determine what qualifies as a “water of the United States” (WOTUS). Whether an inland wetland is considered a WOTUS is the most challenging determination to make under federal guidance and regulations. Determining what is a tributary (generally considered a WOTUS) versus a ditch (generally not a WOTUS) is troublesome, too. Continue reading >