NCC Statement on Waters of the U.S. Supplemental Proposal Published

MEMPHIS, Tenn. - Today the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers published a supplemental proposal regarding the Waters of the United States (WOTUS) rule under the Clean Water Act.

The supplemental rule outlines revised standards for federal jurisdictional waters, including modified definitions for "relatively permanent" waters, which may retain jurisdictional status through anomalous events such as droughts. Also, "perennial" waters are defined by standing or continuous flow under ordinary conditions. Additionally, the proposal addresses requirements for wetlands to possess a continuous surface connection with jurisdictional waters, while leaving Category A1 traditional navigable waters unchanged.

“We’re pleased that the agencies have published a supplemental proposal that provides more clarity for agriculture on which waters are jurisdictional under the Clean Water Act,” said NCC Chairman Nathan Reed. “We also appreciate that the agencies attempted to adhere to Supreme Court precedents to create a more durable rule without imposing unworkable burdens on farm operations or creating legal instability across administrative changes.”

Public comments on the supplemental proposal are due October 9, 2026. The National Cotton Council is conducting a thorough technical review of the proposed definitions and criteria and will submit comprehensive comments on behalf of the U.S. cotton industry.