Non-jurisdictional waters.

Non-jurisdictional waters. The following are not waters of the United States:
(1) Waters or water features that are not identified in paragraph (a)(1), (2), (3), or (4) of this section;
(2) Groundwater, including groundwater drained through subsurface drainage systems;
(3) Ephemeral features, including ephemeral streams, swales, gullies, rills, and pools;
(4) Diffuse stormwater run-off and directional sheet flow over upland;
(5) Ditches that are not waters identified in paragraph (a)(1) or (2) of this section, and those portions of ditches constructed in waters identified in paragraph (a)(4) of this section that do not satisfy the conditions of paragraph (c)(1) of this section;
(6) Prior converted cropland;
(7) Artificially irrigated areas, including fields flooded for agricultural production, that would revert to upland should application of irrigation water to that area cease;
(8) Artificial lakes and ponds, including water storage reservoirs and farm, irrigation, stock watering, and log cleaning ponds, constructed or excavated in upland or in non-jurisdictional waters, so long as those artificial lakes and ponds are not impoundments of jurisdictional waters that meet the conditions of paragraph (c)(6) of this section;
(9) Water-filled depressions constructed or excavated in upland or in non-jurisdictional waters incidental to mining or construction activity, and pits excavated in upland or in non-jurisdictional waters for the purpose of obtaining fill, sand, or gravel;
(10) Stormwater control features constructed or excavated in upland or in non-jurisdictional waters to convey, treat, infiltrate, or store stormwater run-off;
(11) Groundwater recharge, water reuse, and wastewater recycling structures, including detention, retention, and infiltration basins and ponds, constructed or excavated in upland or in non-jurisdictional waters; and
(12) Waste treatment systems.

Source

33 CFR § 328.3


Scoping language

None
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