Update to WOTUS ‘Raises a lot of Uncertainty’

We’ve talked often in The Driller’s pages, videos and podcasts about “waters of the U.S.” (WOTUS). The concept matters to anyone working with water or working hard to avoid contaminating water. Put simply, anything considered WOTUS falls under the Clean Water Act, which prohibits discharge into said waters.

On Dec. 30, 2022, the Environmental Protection Agency and the U.S. Army released their updated definition of WOTUS after months of stakeholder input. Think of WOTUS as identifying the edges of the Clean Water Act when it comes to federal jurisdiction. Of course, we all try to work as cleanly as possible. But drilling fluids, oil and hydraulic fluid leaks happen. Disposal has to happen. Drilling is messy. Unexpected things happen when your work involves discovering the unknown. The Clean Water Act can touch all types of work drillers do. Changing the definition of WOTUS has far-reaching effects.