Today, the National Cattlemen’s Beef Association announced support for the new proposed Waters of the United States (WOTUS) rule released by the Environmental Protection Agency. The revised WOTUS rule comes after decades of advocacy by NCBA and our state affiliate partners to remove confusing and burdensome regulations on cattle farmers and ranchers.
“Waters of the U.S. has been a longstanding and frustrating issue for family farmers and ranchers. Every few years, the definition of a ‘water of the U.S.’ has changed. Often, this meant that small water features like prairie potholes or dry ditches suddenly fell under federal regulation,” said NCBA President and Nebraska cattleman Buck Wehrbein. “NCBA has spent years fighting to protect cattle producers from excessive red tape. We went to the EPA, advocated on Capitol Hill, and even took this issue all the way up to the Supreme Court to protect our members from federal overreach. We appreciate the EPA finally fixing previous WOTUS rules and supporting America’s family farmers and ranchers.”
The revised WOTUS rule ensures that only large bodies of water and their main tributaries fall under federal jurisdiction. Past WOTUS rules issued under the Obama and Biden administrations placed small, isolated water features under federal regulation. Prairie potholes, playa lakes, and even ditches that only carried water after large storms became regulated as if they were a large lake, river or ocean.
Statement of NCFC President & CEO Duane Simpson:
“The National Council of Farmer Cooperatives welcomes today’s announcement by EPA Administrator Lee Zeldin that the agency has published a revised Waters of the United States (WOTUS) rule to provide farmers, landowners, and rural communities with the clarity they have long needed. A definition that follows the law, reflects the Supreme Court’s ruling in Sackett, and delivers a straightforward, durable framework is essential for producers who must navigate these rules every day.
“NCFC supports this effort to streamline permitting, reduce unnecessary red tape, and ensure that water regulations are both clear and workable for stakeholders, including agriculture. Farmer co-ops and their members are committed to protecting our natural resources, and today’s action is a meaningful step toward giving them the certainty required to keep doing just that while continuing to power rural economies.”
American Farm Bureau Federation President Zippy Duvall commented today on the EPA and Army Corps of Engineers’ proposed Waters of the United States rule.
“Clean water is a top priority for farmers and ranchers – we depend on it. We are pleased that the new rule protects critical water sources while respecting the efforts of farmers to protect the natural resources they’ve been entrusted with.
“The Supreme Court clearly ruled several years ago that the government overreached in its interpretation of what fell under federal guidelines. We are still reviewing the entire rule, but we are pleased that it finally addresses those concerns and takes steps to provide much-needed clarity. We look forward to providing comments to EPA to ensure farmers can continue to safeguard the environment while growing the food America’s families rely on.”
National Association of State Departments of Agriculture CEO Ted McKinney said, “NASDA appreciates EPA and Army Corps listening to input from state departments of agriculture and other stakeholders regarding problems with prior WOTUS rulemakings. NASDA is pleased that our federal colleagues will work cooperatively with state co-regulators to ensure the goals of the Clean Water Act are met while minimizing unjustified interference with agricultural and other activities that feed, clothe, and house Americans and drive our nations’ economy.”
As NASDA has previously shared, states currently are responsible for enforcing more than 96 percent of federal water laws as designed by the Clean Water Act of 1972. The historic legislation served as a catalyst for the layers of stringent local, state and federal water regulations in place today and has led to dramatic improvements in water quality over the past 50 years.
“NASDA is excited to properly re-engage with EPA and Army Corps under cooperative federalism to ensure our water resources are protected and farmers have the information and resources they need to make the best decisions about how to manage their land.”


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