Defend Wetlands – Comment on the Proposed WOTUS Rule by January 5th!

The EPA and Army Corps of Engineers have proposed a rule that would remove federal Clean Water Act protections from as much as 85% of wetlands in the U.S., along with many intermittent and ephemeral streams that feed Americans’ drinking-water systems. Almost all of the wetlands that Bark surveys on Mt. Hood NF would be impacted.

“WOTUS” stands for Waters of the United States. The definition of “WOTUS” is part of the EPA’s Clean Water Act.

The objective of the Clean Water Act is to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” It regulates discharge of pollutants and debris into waterways such as lakes, oceans, rivers, streams, and wetlands.

The proposed revision of the definition of WOTUS excludes drier wetland types and wetlands that touch intermittent streams – that is, streams that don’t flow during dry periods, or are dependent on rain or snowfall. Only wetlands and streams that “abut a jurisdictional water” (like a lake or river) or are “relatively permanent, standing, or continuously flowing” would be protected.

By narrowing the definition of which waters count as “relatively permanent,” the rule would open millions of acres to pollution and development, threatening the very ecosystems our region’s forests, wildlife, and communities depend on: wetlands that filter drinking water, reduce flooding, and provide crucial wildlife habitat. While industry groups celebrate reduced oversight, this move puts communities and waterways at risk.

Luckily, Oregon, and many other states, have stricter wetland protections that go above and beyond Federal regulations. Our state still uses the pre-2015 WOTUS definition that protects ephemeral streams and isolated wetlands. Oregon also has a Statewide restoration goal that includes “no-net-loss of freshwater wetlands and a net gain of 250 acres per year of estuarine wetlands”. But even with Oregon’s stricter wetland protections, the proposed rule could still be a threat to Oregon if passed and endangers wetlands and drinking water for hundreds of millions of people nationwide.

The rule was published in the Federal Register on Nov. 20th and a public comment period is open through January 5, 2026. Public engagement is essential to defending these wetlands. We’re urging all our supporters to submit comments opposing this updated definition of WOTUS!

Submit your public comment here by January 5th, 2026!

Key Points for Public Comment

Drinking Water is at Risk

The new rule would affect 85% of wetlands and up to 55% of the water flowing through most river systems used in drinking water supplies. (source: NYT)
Wetlands aren’t just stunning landscapes – they help supply water about 117 million people, over a third of the US population.
In Oregon, 99% of people get their drinking water from Public Drinking Water Systems that rely on intermittent, ephemeral and headwater streams.

Safety is at Risk

Wetlands are sponges that soak up and slowly release water, mitigating floods, drought, and wildfires.
Wetlands are capable of storing more carbon than old growth trees, helping us fight back against climate change.

Ecosystems are at Risk

The new rule would impact the exact type of wetlands that Bark surveys on Mt. Hood and it would negatively impact our ecosystems indirectly if passed
More than one-third of the US’s threatened and endangered species live only in wetlands, and nearly half use wetlands at some point in their lives.

EPA internal documents suggest this new ruling would eliminate 50% to 80% of the Clean Water Act’s coverage of streams in the United States.