Alert: Revised Waters of the United States Proposed

In Georgia, water rollback divides on property rights vs. environment…
Here is a summary of what we know right now:
1) Ephemeral waters—streams, ditches, etc. will not be covered;
2) Intermittent streams will be covered if they flow “to” a TNW;
3) Wetlands will be covered if they have a surface water connection to a covered water in a “typical” year (e.g. wetlands that are flooded every year by an adjacent river); wetlands that are separated from an adjacent river by a berm or levee will not be covered;
4) Groundwater and any groundwater connections will not be covered, for e.g. in the berm situation above, even if groundwater is clearly penetrating the berm, the wetlands behind the berm will not be covered;
5) Ditches—would be covered if intermittent or perennial and flow “to” a TNW and either are constructed in an adjacent wetland or stream (might be able to use ditches to drain unprotected wetlands).

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