Definitions for "Waters of the United States"
As defined in the CWA, "waters of the United States" applies only to surface waters, rivers, lakes, estuaries, coastal waters, and wetlands. Not all surface waters are legally "waters of the United States." Generally, those waters include the following: All interstate waters; Intrastate waters used in interstate and/or foreign commerce; Tributaries of the above; Territorial seas at the cyclical high tide mark; and Wetlands adjacent to all the above.
include all waters such as lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands and sloughs which are susceptible to use in interstate or foreign commerce, recreation, fish and shellfish production and industrial use; impoundments of waters just described; tributaries of waters just described; and wetlands adjacent to waters just described (other than waters that are themselves wetlands).
Federal regulatory terminology that means: All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; All interstate waters, including interstate wetlands; All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any waters: That are or could be used by interstate or foreign travelers for recreational or other purposes; From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or That are used or could be used for industrial purposes by industries in interstate commerce; All impoundments of waters defined as waters of the United States under this definition; Tributaries of waters identified in subsections (1) through (4); The territorial sea; and Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections (1) through (6).