APPENDIX B 

 FEDERAL DEFINmONS 



The federal definition of "waters of the United States" is (40 CFR Section 232^(q)): 



(1) All waters which are currently used, were used in the past, or may be susceptible 

 to use in interstate or foreign commerce, including all waters which are subject 

 to the ebb and flow of the tide; i , ,,j, 



(2) All interstate waters including interstate wetlands; 



(3) All other waters such as intrastate lakes, rivers, streams (including intermittent 

 streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, 

 playa lakes, or natural ponds, the use, degradation or destruction of which would 

 or could affect interstate or foreign commerce including ai^ such waters: 



(i) Which are or could be iised by interstate or foreign travelers for 



recreational or other purposes; or 

 (ii) From which fish or shellfish could be taken and sold in interstate or 



foreign commerce; 

 (iii) Which are used or could be used for industrial purposes by industries in 



interstate commerce;* 



(4) All impoundments of waters otherwise defined as waters of the United States 

 under this definition; 



(5) Tributaries of waters identified in paragraphs 1-4. 



(6) The territorial sea; 



(7) Wetlands adjacent to waters (other than waters that are themselves wetlands) 

 identified in 1-6; waste treatment systems, including treatment ponds or lagoons 

 designed to meet the requirements of CWA (other than cooling ponds as defined 

 in 40 CFR § 423.11(m) which also meet criteria in this definition) are not waters 

 of the United States. 



(* Note: EPA has clarified that waters of the U.S. under the commerce connection 

 in (3) above also include, for example, waters: 



Which are or would be used as habitat by birds protected by Migratory 

 Bird Treaties or migratory birds which cross State lines; 

 Which are or would be used as habitat for endangered species; 

 Used to irrigate crops sold in interstate commerce.) 



The federal definition of "wetlands" (40 CFR § 2312(r)). Those areas that are 

 inundated or saturated by surface or ground water at a frequency and duration 

 sufficient to support, and that under normal circumstances do support, a prevalence of 

 vegetation typically adapted for life in saturated sofl conditions. Wetlands generally 

 include swamps, marshes, bogs, and similar areas. 



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