Expands definition of tributary by broadening terminology and specifically adding new categories of tributaries like: ditches and certain ephemeral water features. -“ditch” is overly broad -U.S. Supreme Court has stated at least seasonal flow is necessary for a water to be jurisdictional under the Clean Water Act. Ephemeral and intermittent water features do not meet this threshold. -While tributaries are considered “waters of the U.S.” EPA cannot by regulation merely add new waters to the definition of tributary in order to gain jurisdiction over them....
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