A proposed federal rule redefining what qualifies as protected water under the Clean Water Act could significantly reduce wetland protections across Nebraska. According to reports, only about 11 percent of the state’s wetlands would remain federally protected if the Environmental Protection Agency finalizes an updated definition of “Waters of the United States,” commonly known as WOTUS. Nebraska currently has more than 1.1 million acres listed in the National Wetlands Inventory, but that number could drop to roughly 122,000 acres under the proposal. The change follows a 2023 U.S. Supreme Court decision requiring wetlands to have a continuous surface connection to navigable waters in order to receive federal protection. Supporters of the revised rule, including many agricultural organizations and lawmakers, say it provides long-needed clarity for farmers and landowners after years of shifting regulations. Environmental groups and conservation officials, however, warn the narrower definition could weaken safeguards that help reduce flooding, protect water quality, and preserve wildlife habitat. State agencies say the rule remains in draft form, and its full impact on Nebraska waters has not yet been determined as federal officials review public comments and continue developing the final version.
Maddie Ames Word-Herald Staff Writer
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