All impoundments of waters otherwise defined as waters of the
Tributaries of any of the above waters.
The territorial sea.
Wetlands adjacent to any of the above waters.
Note: Waste treatment systems, including treatment ponds or lagoons designed to meet
the requirements of CWA, are not waters of the United States. Cooling ponds, as defined
by 40 CFR 123.11(m), which also meet the criteria of this definition may be waters of
the United States.
Navigable Waters--This term means those waters that are subject to the
ebb and flow of the tide and/or are presently used, or have been used in the past, or
may be susceptible for use to transport interstate or foreign commerce (see 33 CFR 329
for a more complete definition).
Wetlands--This term means areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to support, and that
under normal circumstances, do support, a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas.
Adjacent--This term means bordering, contiguous, or neighboring.
Wetlands separated from other waters of the United States by manmade dikes or barriers,
natural river berms, beach dunes, and the like are "adjacent wetlands."
Lakes--This term means a standing body of water that occurs in a
natural depression fed by one or more streams from which a stream may flow, that occurs
due to the widening or natural blockage or cutoff of a river or stream, or that occurs
in an isolated natural depression that is not a part of a surface river or stream, or
tidal area. (Artificial lakes created by excavating or diking dryland to collect and
retain water for stock watering, irrigation, settling basins, cooling, or rice growing
are not included.)
Ordinary High Water Mark--This term means the line on the shore
established by the fluctuations of water and indicated by physical characteristics such
as a clear, natural line impressed on the bank; shelving; changes in the character of
the soil; destruction of terrestrial vegetation; the presence of litter and debris; or
other appropriate means that consider the characteristics of the surrounding areas.