NCBA Secures New WOTUS Proposed Rule that Protects Family Farmers and Ranchers

“Waters of the U.S. has been a longstanding and frustrating issue for family farmers and ranchers. Every few years, the definition of a ‘water of the U.S.’ has changed. Often, this meant that small water features like prairie potholes or dry ditches suddenly fell under federal regulation,” said NCBA President and Nebraska cattleman Buck Wehrbein. “NCBA has spent years fighting to protect cattle producers from excessive red tape. We went to the EPA, advocated on Capitol Hill, and even took this issue all the way up to the Supreme Court to protect our members from federal overreach. We appreciate the EPA finally fixing previous WOTUS rules and supporting America’s family farmers and ranchers.”

The revised WOTUS rule ensures that only large bodies of water and their main tributaries fall under federal jurisdiction. Past WOTUS rules issued under the Obama and Biden administrations placed small, isolated water features under federal regulation. Prairie potholes, playa lakes, and even ditches that only carried water after large storms became regulated as if they were a large lake, river or ocean.

In addition to congressional advocacy and technical comments to the EPA, NCBA also stood up for cattle producers’ rights in court. We filed an amicus brief in the U.S. Supreme Court case Sackett v. EPA and received a major victory in 2023 that rolled back previous overreaching WOTUS rules. NCBA also initiated numerous lawsuits under the Obama and Biden administrations to prevent harmful rules from impacting cattle producers. Since the Trump administration entered office at the start of 2025, NCBA has been working with newly appointed EPA officials to craft a new WOTUS rule that ends the uncertainty caused by previous regulations.

“Today’s WOTUS announcement finally acknowledges that the federal government should work to protect lakes, rivers and oceans, rather than regulating ditches and ponds on family farms and ranches,” said NCBA Chief Counsel Mary-Thomas Hart. “NCBA is pleased to see the EPA stand up for cattle producers, and we look forward to providing input on this proposed rule.”

NCBA and its state affiliate partners will submit comments to the agency on the rule, which will be considered before the rule is finalized.

The National Cattlemen’s Beef Association (NCBA) has represented America’s cattle producers since 1898, preserving the heritage and strength of the industry through education and public policy.  As the largest association of cattle producers, NCBA works to create new markets and increase demand for beef.  Efforts are made possible through membership contributions. To join, contact NCBA at 1-866-BEEF-USA or membership@beef.org.