USACE and EPA Irrigation Regulations

[RavenGirl56]

Hello, I am trying to broaden my current understanding of jurisdictional irrigation waters based on the most recent ruling as it pertains to Idaho. I found a memorandum and believe, based on my understanding of the 2023 ruling, that this document contains the most accurate and relevant description of irrigation ditches and associated jurisdictions. I cannot find anything that is more recent or relevant and would appreciate feedback and additional sources if they are available. Thank you.

The document is the 2020 Ditch Exemption Memo found near the bottom of the page found at this link: https://www.epa.gov/wotus/current-implementation-waters-united-states

 

[mantis]

As far as I know, you're correct. However, I believe portions of that law are still moving through the courts as they attempt to destroy the regulation of water resources. Either way, I'm sure it will all change once the new administration takes affect. Trump has pledged to end the EPA and other regulatory bodies.

 

[RavenGirl56]

As far as I know, you're correct. However, I believe portions of that law are still moving through the courts as they attempt to destroy the regulation of water resources. Either way, I'm sure it will all change once the new administration takes affect. Trump has pledged to end the EPA and other regulatory bodies.

The general consensus does seem to be that there is not a clear line right now. Time will tell how this all plays out.

 

[Eric]

Hello, I am trying to broaden my current understanding of jurisdictional irrigation waters based on the most recent ruling as it pertains to Idaho. I found a memorandum and believe, based on my understanding of the 2023 ruling, that this document contains the most accurate and relevant description of irrigation ditches and associated jurisdictions. I cannot find anything that is more recent or relevant and would appreciate feedback and additional sources if they are available. Thank you.

The document is the 2020 Ditch Exemption Memo found near the bottom of the page found at this link: https://www.epa.gov/wotus/current-implementation-waters-united-states

EPA and Corps HQ are pretty good about keeping their websites updated (unlike the districts, tbh), so I think it's safe to say that you can rely on that memo, despite it being from back in 2020. Note the comment added to the top of the memo stating "This joint memorandum provides guidance on implementing the activity exemptions in Clean Water Act section 404(f)(1)(C) notwithstanding the definition of “waters of the United States” in effect." That's legalese for "this memo remains in effect, but provisions may be overridden by whatever's stated in the current WOTUS definition."

For that reason, to gain a 100% complete understanding, I'd also be sure to check out any relevant discussion of ditches in the 2023 Rule/Amended Rule, including what's discussed in the preamble language.

 

[RavenGirl56]

EPA and Corps HQ are pretty good about keeping their websites updated (unlike the districts, tbh), so I think it's safe to say that you can rely on that memo, despite it being from back in 2020. Note the comment added to the top of the memo stating "This joint memorandum provides guidance on implementing the activity exemptions in Clean Water Act section 404(f)(1)(C) notwithstanding the definition of “waters of the United States” in effect." That's legalese for "this memo remains in effect, but provisions may be overridden by whatever's stated in the current WOTUS definition."

For that reason, to gain a 100% complete understanding, I'd also be sure to check out any relevant discussion of ditches in the 2023 Rule/Amended Rule, including what's discussed in the preamble language.

That is helpful, it's easy to fall down a regulatory rabbit hole with the various "refer to" comments throughout different sources. Looking through the original link, there seems to be a lot of current information and training material that I will have to dive into. Keep me posted if you find any particularly comprehensive sources that are worth looking into!

 

[Eric]

Sure thing. And don't hesitate to reach out to a Project Manager, especially one you've established a rapport with, to get a definitive, local interpretation. I sometimes have consultants call or email me simply asking to discuss some new policy development or interpretation. A lot of Project Managers are more than happy to take a break from staring at their computer monitors to chit-chat with a human instead.