Federal and State Waters Determination
GWES’ scientists have extensive experience in determining state and federally regulated waters across the United States. In addition to performing stream/wetland/marsh/shore delineations, GWES is equipped to provide regulatory coordination and permit preparation necessary to complete, submit, and obtain a wide variety of permits.
“Waters of the United States” is a threshold term in the Clean Water Act and establishes the scope of federal jurisdiction under the Act. Clean Water Act programs, including Water Quality Standards, TMDLs, and sections 311, 402, and 404 address “navigable waters,” defined in the statute as “the waters of the United States, including the territorial seas.”
The Clean Water Act does not define “waters of the United States”; rather, it provides discretion for EPA and the U.S. Department of the Army to define “waters of the United States” in regulations.
In the State of Georgia, ‘Waters of this state’ means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state except ponds or lakes not open to the public, whether or not such ponds or lakes are within the lands of one title.