Federal rules over “waters of the U.S.” should be limited to “navigable waters” as in waters that commerce can use between, or to and from the states. States can surely have “clearn water” rules of their own and also negotiate common rules, with each other where needed, regarding other waters transitting, or laying across states’ borders; waters that are not considered navigable waters.
That would place some rivers, like the Mississippi for instance, under federal rules, and some lakes, like the Great Lakes, but it would leave out of the federal writ some rivers, like the Colorado for instance, and many lakes, like Lake Tahoe for instance.
“Federal rules over “waters of the U.S.” should be limited to “navigable waters” as in waters that commerce can use between, or to and from the states. States can surely have “clearn water” rules of their own and also negotiate common rules, with each other where needed, regarding other waters transitting, or laying across states’ borders; waters that are not considered navigable waters.”
You have it half right. First, jurisdiction and policing of waters of the US should fall under the common law of trespass, not some federal regulation. The common law is enforced by states, counties, towns and individual citizens.
It’s real simple: if you interfere with my right (a state, county, town or individual)to use a waterway, you get sued under English common law, the foundation of our constitutional republic. If you pollute the waterway or block it, you get sued.
There’s hundreds of years of common law rulings to take care of trespass of waterways. Never rely on federal fascist bureaucrats to issue rulings because those rulings can change from week-to-week and month-to-month.