PCEC's Public Comment For Definition Changes To W.O.T.U.S.
To: Lee Zeldin, Administrator, U.S. Environmental Protection Agency; Jessica Kramer, Assistant Administrator for Water, U.S. Environmental Protection Agency; and Adam Telle, Assistant Secretary of the Army for Civil Works
I am submitting this comment on behalf of Park County Environmental Council (PCEC), our 500+ members, and 2,400 supporters. PCEC is a grassroots conservation group serving Park County, Montana, since 1990. Our members include local fly-fishing guides, agricultural producers, municipal water users, and business owners who rely on the biological and chemical integrity of the Greater Yellowstone Ecosystem (GYE).
We strongly oppose the proposed 2025 revisions to the definition of Waters of the United States (WOTUS). The agencies’ proposal to define "relatively permanent" and "continuous surface connection" through a rigid, climatic modeling approach ignores the hydrological reality of the Intermountain West and will strip federal protection from the headwater network and critical wetlands that sustain the Yellowstone River.
I. PCEC opposes the use of P > PET climatic modeling because it fails to account for the unique hydrology of snowmelt-driven systems.
The proposed rule at 90 FR 52518 introduces a requirement that "relatively permanent" waters must flow year-round or at least during the "wet season." The agencies propose to define the wet season as the months where Precipitation (P) exceeds Potential Evapotranspiration (PET), utilizing the WebWIMP climatic database.
We oppose this methodology because it creates a direct contradiction with Montana's hydrology. In Park County, the P > PET formula identifies late fall and winter as the "wet season" because low temperatures reduce evaporation (PET). However, during these months, water is physically sequestered in snowpack or ice and does not contribute to streamflow. Conversely, our actual peak flows occur from May through July during the snowmelt, yet because summer temperatures increase PET, the EPA’s formula labels these vital months as the "dry season." These seasonal flows are hydrologically significant to downstream navigable waters regardless of whether they meet a specific climatic formula (Levick et al. 2008), .
II. PCEC opposes the proposed "wet season" standard because it excludes the most ecologically active months of the biological growing season.
In Montana, the biological growing season (May to October) is the period when wetlands and headwaters perform their most critical functions, including nutrient cycling and pollutant filtration. By establishing a "wet season" standard that occurs primarily in the winter, the rule requires the agencies to assess jurisdiction at a time when these waters are ecologically dormant. Stripping protections during the summer—when these waters are most hydrologically active and support essential fish habitat—is scientifically arbitrary (Colvin et al., 2019).
III. PCEC opposes the "reach" methodology because it allows artificial features to cause jurisdictional severance of headwaters.
The agencies propose a "reach" methodology where jurisdiction is assessed segment-by-segment (90 FR 52512). Under this approach, a non-relatively permanent segment—such as a culvert, pipe, or road crossing—serves as a point of jurisdictional severance.
If a culvert on a year-round stream like Deep Creek is dry or frozen during the government-defined winter "wet season," that specific reach is deemed non-jurisdictional. Because the rule requires a continuous chain of jurisdictional waters, a single 50-foot artificial feature effectively terminates federal protection for all healthy, perennial water located upstream. This allows artificial infrastructure to de-federalize entire mountain headwater networks.
IV. PCEC opposes the proposed rollback because it creates a regulatory vacuum in states like Montana with stringency limitations.
Under Montana Code Annotated § 75-5-203, the Montana Department of Environmental Quality is prohibited from adopting water quality standards more restrictive than federal regulations. When the EPA removes federal oversight based on a flawed climatic model, state law ensures there is no "safety net." This creates a jurisdictional vacuum where neither federal nor state authorities have the power to protect our blue-ribbon trout streams and municipal water sources from degradation.
V. PCEC opposes the exclusion of groundwater and hyporheic exchange because it ignores the physical unity of the Yellowstone River system.
In Park County, the alluvial aquifer exists in continuous, shallow communication with the Yellowstone River through hyporheic exchange. Research from the Montana Bureau of Mines and Geology (MBMG Open-File Report 743) confirms that groundwater and surface water in the Yellowstone Controlled Groundwater Area are a single physical system. By excluding groundwater from the definition of WOTUS, the agencies ignore the primary mechanism for thermal regulation and chemical purity in the Yellowstone River.
VI. PCEC opposes the rule’s failure to account for the massive economic cost shift onto local communities and taxpayers.
The loss of natural infrastructure places an immense financial burden on our local economy. While functional wetlands provide free filtration and flood attenuation (EPA, 2006), replacing these services with artificial water treatment plants can cost a community upwards of $80,000,000 (Bobbink et al., 2011). Furthermore, Montana’s outdoor recreation economy, which contributes significantly to the state’s GDP (BEA, 2024) and relies on nonresident travel spending (Grau, 2024), is directly threatened by the degradation of headwater quality.
Recommendations
Abandon the P > PET formula as the primary determinant for jurisdiction in snowmelt-dominated regions.
Adopt site-specific evidence of hydrological activity during the local biological growing season.
Amend the "reach" methodology to ensure that artificial features do not sever jurisdiction if a functional connection remains.
The 2025 proposed rule is a regulatory retreat that ignores the complex hydrology of the American West. We urge the agencies to adopt a definition that ensures the long-term security of the headwaters that sustain the Yellowstone River and beyond.
Sincerely,
Bethany Allen
Park County Environmental Council
References
Bobbink, R., et al. (2011). The Role of Wetlands in Reducing Pollutants and Nutrients. Department of Environmental Science, Baylor University.
Colvin, S. A. R., et al. (2019). "Headwater Streams and Wetlands are Critical for Sustaining Fish, Fisheries, and Ecosystem Services." Fisheries, 44(2), 73–91.
Grau, K. (2024). Economic Contribution of 2023 Nonresident Travel Spending in Montana. Institute for Tourism and Recreation Research (ITRR), University of Montana.
Levick, L. R., et al. (2008). The Ecological and Hydrological Significance of Ephemeral and Intermittent Streams. EPA/600/R-08/134.
Montana Bureau of Mines and Geology (MBMG). (2021). Yellowstone Controlled Groundwater Area Monitoring Report. Open-File Report 743.
U.S. Bureau of Economic Analysis (BEA). (2024). Outdoor Recreation Satellite Account: Montana.
U.S. Environmental Protection Agency (EPA). (2006). Wetlands: Protecting Life and Property from Flooding. EPA843-F-06-001.
U.S. Bureau of Economic Analysis (BEA). (2024). Outdoor Recreation Satellite Account: Montana.
U.S. Environmental Protection Agency (EPA). (2006). Wetlands: Protecting Life and Property from Flooding. EPA843-F-06-001.