Trump’s Latest Clean Water Act Proposal Would Strip Federal Protections from Most California Streams
CLEAN WATER ACT - In September, the Trump administration's EPA and Army Corps of Engineers proposed a new definition of "waters of the United States," known as WOTUS. The new rule severely limits which waterways can receive Clean Water Act protections under the new proposed definition. As proposed, a stream will only receive protection under the Clean Water Act if it holds water almost every day of the year. In California, where dry streambeds in summer are normal, that test means most streams will lose Clean Water Act protections.
Only 9% of California's will remain protected under the Clean Water Act, according to an analysis of the National Hydrography Dataset. Seasonal creeks, desert washes, snowmelt-fed mountain streams, vernal pools, and wetlands separated from a river by a levee or road would all lose federal protection under the Trump proposal. The rule includes specific parameters that are likely to further limit the number of creeks and streams that will continue to enjoy Clean Water Act protections. For example, the rule allows just one dry stretch of up to 30 days a year, so a creek that goes dry for 10 days in June and 10 more in September loses protection, while one that's dry for 29 days straight keeps it. More than 7.3 million Californians drink water from systems that rely on these kinds of streams.
Once a water of the United States loses federal protection, polluters can discharge into it without a federal permit, pollution limits, or public reporting. Just as importantly, Californians concerned about polluting activities in these types of waterways would no longer be able to take the polluters to court under the provisions of the federal Clean Water Act.
California's own water law isn't ready to fill the gap left by weaker federal water laws. In fiscal year 2024-25, for every $100 in penalties State and Regional Water Boards assessed under federal Clean Water Act permits, state-only permit programs assessed only 76 cents. From 2012 to 2023, just 18 of 2,386 documented violations of state waste discharge requirements drew a penalty. In other words, if most of California’s waters lose federal protections, the chances of polluters facing any significant penalties would go down significantly.
This latest attack on WOTUS is part of a dangerous trend: Clean Water Act protections have been steadily weakened since the US Supreme Court’s 2023 Sackett decision. SB 601 (Allen), the Right to Clean Water Act, sponsored by the California Coastkeeper Alliance, was written to close this regulatory gap in California between state and federal protections. SB 601 was introduced in in the State Legislature in 2025 but never reached a final vote.
California Coastkeeper Alliance plans to return with legislation next year to once again attempt to address the huge regulatory gap left by the Sackett decision and further weakened by the current rule proposed by the Trump Administration. Coastkeeper will advocate for a legislature fix that includes a citizen suit enforcement provision under state water law, reinstating the standard that was in place under the federal Clean Water Act for 50 years. Members of the public bring 83% of stormwater enforcement actions in California, playing a key role in protecting clean water across the state.
The Trump rule will be finalized shortly, meaning these weakened standards are likely to be put in place no later than early 2027, leaving California’s waters immediately at risk of increased pollution.
We deserve better from our leaders in Sacramento. Now that the votes are counted, it’s up to all of us to hold Governor-elect Xavier Becerra and the new Legislature accountable for protecting the waters in which we drink, swim, and fish.
(Sean Bothwell is executive director of California Coastkeeper Alliance.)
