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Contrary to Supreme Court decisions, the Administration has proposed to clarify which bodies of water are subject to Clean Water Act regulations.

Depending on its definition of "waters of the U.S.," the Clean Water Act would require expensive and time consuming federal permits to develop private property with any wet area --  not just properties with a navigable interstate water or adjacent wetland.  In addition, property owners may experience a taking under the regulation without adequate compensation, as prescribed under the 5th Amendment of the Constitution.