C.F.R. » Title 33 » CHAPTER II—CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE › PART 328—DEFINITION OF WATERS OF THE UNITED STATES

33 C.F.R. § 328.1

Purpose

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This section defines the term “waters of the United States” as it applies to the jurisdictional limits of the authority of the Corps of Engineers under the Clean Water Act. It prescribes the policy, practice, and procedures to be used in determining the extent of jurisdiction of the Corps of Engineers concerning “waters of the United States.” The terminology used by section 404 of the Clean Water Act includes “navigable waters” which is defined at section 502(7) of the Act as “waters of the United States including the territorial seas.” To provide clarity and to avoid confusion with other Corps of Engineer regulatory programs, the term “waters of the United States” is used throughout 33 CFR parts 320 through 330. This section does not apply to authorities under the Rivers and Harbors Act of 1899 except that some of the same waters may be regulated under both statutes (see 33 CFR parts 322 and 329).

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1989–2021 · leading case: Nat'l Parks Conservation Ass'n v. Semonite, 916 F.3d 1075 (D.C. Cir. 2019).
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Nat'l Parks Conservation Ass'n v. Semonite, 916 F.3d 1075 (D.C. Cir. 2019). “To compensate for the resulting electricity shortfall, Dominion applied in 2013 to the Corps, which has jurisdiction over certain projects concerning "waters of the United States," see 33 C.F.R. § 328.1 (internal quotation marks omitted), for a permit to construct a new…”
United States v. Newdunn Assocs., 195 F. Supp. 2d 751 (E.D. Va. 2002). · cites it 3× “33 C.F.R. § 328.1 (1986). It also clearly states that the definition for “navigable waters” “does not apply to au *760 thorities under the Clean Water Act .”
United States v. Brink, 795 F. Supp. 2d 565 (S.D. Tex. 2011). · cites it 2× “” 33 C.F.R. § 328.1 . The Federal Code of Regulations, 33 C.”
P & v Enter. v. United States Army Corps of Engineers, 466 F. Supp. 2d 134 (D.D.C. 2006). “” 33 C.F.R. § 328.1 ; see 51 Fed.Reg. 41,206, 41,250 (Nov.”
United States v. James Lucero, 989 F.3d 1088 (9th Cir. 2021). “See 33 C.F.R. § 328.1 (“This section defines the term ‘waters of the United States’ as it applies to the jurisdictional limits of the authority of the Corps of Engineers under the Clean Water Act.”
United States v. Louise Mango, Kenneth Austin, Kevin Dominske & Phenix Env't, Inc., 199 F.3d 85 (2d Cir. 1999). “”- 33 C.F.R. § 328.1 . Insofar as the conditions imposed are not reasonably related to a discharge into the waters of the United States, defendants are correct.”
United States v. RGM Corp., 222 F. Supp. 2d 780 (E.D. Va. 2002). “33 C.F.R. § 328.1 (1986). It also clearly states that the definition for “navigable waters” “does not apply to authorities under the Clean Water Act .”
Fiscella & Fiscella v. United States, 717 F. Supp. 1143 (E.D. Va. 1989). “” 33 C.F.R. § 328.1 (1988). The term “waters of the United States” means “wetlands adjacent to waters (other than waters that are themselves wetlands).”
Leslie Salt Co. v. United States, 700 F. Supp. 476 (N.D. Cal. 1989). “” 33 C.F.R. § 328.1 . 4 The primary subsection with which we are concerned here is § 328.”
Request for Declaratory Ruling by the Env't Mgmt. Comm'n v. Env't Mgmt. Comm'n, 573 S.E.2d 732 (N.C. Ct. App. 2002). “" 33 CFR § 328.1 (2002). Wetlands is defined in 33 CFR § 328.”
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