Regulated parties and stakeholders assert that the rule’s definition of “tributary”  is broad enough to encompass Western water supply and irrigation ditches. The final rule states that “ditches are one important example of constructed features that in many instances can meet the definition of tributary.” Opponents of the rule state that the regulation means many water supply structures that are essential to beneficial water use in the West will be jurisdictional and subject to permitting requirements.  Opponents believe the regulation of these ditches represents a flawed understanding of the purpose and function of Western water supply ditches, which are created… Read more