Nebraska Farm Bureau Submits Comments on EPA’s Latest Waters of the U.S. Proposal

LINCOLN, NEB. - Nebraska Farm Bureau (NEFB) submitted formal comments to the U.S. Environmental Protection Agency (EPA) and Army Corp of Engineers on its latest proposal addressing the federal definition of Waters of the United States (WOTUS) under the Clean Water Act.

For more than a decade and across three presidential administrations, Nebraska farm and ranch families have faced ongoing uncertainty caused by repeated changes to federal WOTUS rules. Nebraska Farm Bureau says EPA's latest effort to clarify and simplify federal jurisdiction is a step in the right direction.

"For Nebraska farm and ranch families, WOTUS isn't something debated in a courtroom - it's something we deal with every day," said Mark McHargue, NEFB president. "Federal regulation should apply only to real, lasting waters, and that's the clarity we're asking for."

In its submitted comments, NEFB emphasized the need for a commonsense approach that reflects conditions across Nebraska. The organization urged EPA to limit federal jurisdiction to waters that normally contain water, such as streams, rivers, and lakes, and to exclude dry draws, gullies, and channels that only carry water immediately following rain or snowmelt. NEFB cautioned against relying too heavily on maps, modeling, and computer-based tools when making jurisdictional determinations.

"Storms can leave behind banks or water marks that look like a stream on a map, even when local landowners know it's usually dry," McHargue said. "Decisions need to be based on real-world observation and local knowledge, not just datasets or desk-based determinations that can mislabel features and create surprise liability for landowners."

Additionally, NEFB's comments call for strong protections for normal farming, irrigation, drainage, and conservation activities. The organization stressed the importance of clear exclusions so producers can maintain ditches, tile drainage, and irrigation systems, manage groundwater, and idle land for conservation or drought recovery without triggering federal permits.

"Our farmers and ranchers rely on irrigation and drainage infrastructure to remain productive and resilient," McHargue said. "Routine maintenance and conservation practices should not require federal permission."

The comments also urge EPA to preserve long-standing protections for prior converted cropland, ensuring land does not suddenly fall under federal regulation unless it has truly been abandoned for more than five years and reverted to wetland conditions.

"Nebraska Farm Bureau's comments reflect the real-world concerns of Nebraska farm and ranch families," McHargue said. "We look forward to continuing to work with EPA to ensure rules are clear, practical, and allow farmers and ranchers to continue feeding, fueling, and clothing our country and the world."

The Nebraska Farm Bureau is a grassroots, state-wide organization dedicated to supporting farm and ranch families and working for the benefit of all Nebraskans through a wide variety of educational, service, and advocacy efforts. Nearly 55,000 families across Nebraska are Farm Bureau members, working together to achieve rural and urban prosperity as agriculture is a key fuel to Nebraska's economy. For more information about Nebraska Farm Bureau and agriculture, visit https://www.nefb.org.