Hydrological connectivity of headwaters to downstream waters: introduction to the featured collection

• Published in: Journal of the American Water Resources Association Vol. 43; no. 1; pp. 1 - 4
• Main Authors: Nadeau, T.L, Rains, M.C
• Format: Journal Article
• Language: English
• Published: Oxford, UK Blackwell Publishing Ltd 01.02.2007
• Subjects: Clean Water Act; ecology; ecosystems; hydrology; laws and regulations; rivers; streams; water policy; water quality
• ISSN: 1093-474X; 1752-1688
• DOI: 10.1111/j.1752-1688.2007.00001.x

The SWAATCC case presented the Court with two issues: (1) whether an isolated water could be considered part of the "waters of the United States," protected under the Clean Water Act (CWA) - and thus subject to the U.S. Army Corps of Engineers' (Corps) regulatory authority under section 404 of the CWA - solely based on its use by migratory birds; and, if so, (2) whether Congress had the constitutional authority under the Commerce Clause to include these as waters of the United States. During that same time period, a significant majority of courts, including 17 appellate court decisions, concluded that SWANCC was narrowly focused on isolated waters, and did not change the jurisdictional status of tributaries or adjacent wetlands.