The Environmental Protection Agency (EPA) and Army Corps of Engineers issued their final Waters of the United States (WOTUS) rule on Dec. 30.

The new water rule will replace the Navigable Waters Protection Rule put in place during the Trump administration.

Agricultural groups, including Texas Farm Bureau (TFB) and American Farm Bureau Federation (AFBF), are disappointed in the rule.

“The rule does not provide the needed clarity and certainty that has been requested by Texas farmers and ranchers,” TFB President Russell Boening said. “In fact, the rule allows the federal government to expand its jurisdictional reach over private property. It is incredibly difficult for a farmer or rancher to understand if they have a jurisdictional feature on their property.”

When the federal government expands its reach, the amount of permitting that farmers and ranchers are subject to gets worse.

“Since this rule relies on case-by-case determinations and ambiguously-defined terms, it is incredibly difficult for a farmer to understand if they have a jurisdictional feature on their property,” Courtney Briggs, AFBF senior director of Government Affairs, said. “There are civil and criminal liabilities attached to Clean Water Act compliance, and that is why it’s so incredibly important to have a clear line of jurisdiction.”

The new WOTUS rule now goes into effect 60 days after it’s published in the Federal Register.

“We will be looking to the Supreme Court for a decision in the Sackett case, which will provide some clarity on the use of the significant nexus test. And the agencies have stated that (the) rule is a durable rule, but it is very likely that they will have to make changes to the rule in response to a decision from the high court.”