CLEAR Waters Act

The CLEAR Waters Act would narrow the federal definition of “navigable waters” under the Clean Water Act (CWA). It amends Section 502(7) to add explicit exclusions, so that certain features are no longer considered navigable waters for purposes of CWA regulation. Specifically, the bill excludes: (1) components of wastewater treatment systems (like lagoons or treatment ponds) designed to convey, retain, concentrate, settle, or remove pollutants from wastewater; (2) ephemeral features that only flow in response to precipitation; (3) groundwater; and (4) any other features the Administration (EPA) and the Army Corps of Engineers deem should be excluded. The change would reduce federal regulatory reach over these features, potentially shifting more oversight to state or local authorities and altering how discharges and activities near these features are regulated. In short, the bill aims to provide clearer, narrower federal protection by limiting what counts as “navigable waters” under the CWA, with new discretionary exclusions added for future determinations by the Administrator and the Secretary of the Army. It was introduced in the Senate on July 23, 2025, and referred to the Committee on Environment and Public Works.