EPA and the Corps of Engineers declare that a variety of waters and features are not "Waters of the United States." They claim many of these exclusions are being established for the first time.

WOTUS designates the following as not being "waters of the United States:"

• Artificially irrigated areas that would revert to dry land should application of irrigation water to that area cease

• Artificial, constructed lakes or ponds create by excavating and/or diking dry land such as farm and stock watering ponds, irrigation ponds, settling basins, log cleaning ponds, cooling ponds, or fields flooded for rice growing

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