Bayou Land Conservancy Letter Protests Redefinition of “Waters of the U.S.”
- Melissa Carter
- 4 days ago
- 6 min read
By Bob Rehak
A new definition of “Waters of the U.S.” proposed by the Army Corps and EPA would eliminate the federal brakes on development of upstream wetlands, such as those in the Lake Houston Area and Montgomery County. Time is running out to file a protest letter. Less than a month remains before the close of public comment; the government must receive your letter by January 5, 2026.
Bayou Land Conservancy’s wrote this protest letter but first, some context.
What’s at Stake?
Immediately across the river…
The old definition of “Waters of the U.S.” gave the EPA and Army Corps legal authority to protect wetlands far upstream. Wetlands act as nature’s sponges. They soak up floodwater, reducing downstream impacts. They also clean water, reducing filtration costs. And finally, they provide habitat for wildlife that enriches the human experience.
What’s Changing?
The proposed new definition would stop Army Corps and EPA jurisdiction at the first dam on a river. Anything upstream would no longer enjoy federal protection. Local governments often do not regulate development of wetlands; historically they have relied on the federal government to do that.
The regulatory vacuum created by the change would open up millions of acres to development, especially in fast growing areas like north Houston where flood-prone wetlands are cheap and plentiful. Increases in impervious cover in wetland areas that once retained water will likely increase flood risk for everyone living downstream.
Bayou Land Conservancy Letter
Docket ID No. EPA-HQ-OW-2025-0322
To: Administrator Zeldin, Environmental Protection Agency
Re: Opposition to Updated Definition of Waters of the United States (89 FR 79549, November 20, 2025)
The Bayou Land Conservancy (BLC) submits this comment letter in strong opposition to the updated definition of “Waters of the United States” (WOTUS) proposed by the Environmental Protection Agency (EPA) and the Department of the Army.
About Bayou Land Conservancy and Our Standing
Bayou Land Conservancy is a community-sponsored land trust working to permanently preserve land along streams for flood control, clean water, and wildlife. As an accredited land trust, we are the primary non-profit organization preserving land within the watersheds that feed into Lake Houston, focusing our efforts on northern Harris and Montgomery counties. Since 1996 BLC has permanently preserved more than 15,000 acres of land in southeast Texas.
BLC has direct standing to comment on this proposed rule because we are not merely observers; we are property interest holders and stewards of the very landscapes this rule affects. We hold perpetual conservation easements and own fee-simple land throughout this region. Our legal obligation is to protect the conservation values of these properties in perpetuity.
Because water flows downhill, the integrity of the lands we protect is inextricably linked to the regulatory status of the waters flowing through and above them. If the definition of WOTUS is narrowed to exclude ephemeral streams and adjacent wetlands, the conservation values we are legally bound to uphold, specifically water quality maintenance and flood storage, are put at direct risk by upstream unregulated activity. Therefore, BLC submits these comments as a directly affected stakeholder whose ability to fulfill its non-profit mission is threatened by the proposed reduction in federal jurisdiction.
The Critical Importance of the Lake Houston Watershed
The Lake Houston watershed is not merely an ecological region; it is a vital piece of the Houston-Galveston metropolitan area’s public infrastructure. Lake Houston is the largest single source of surface drinking water for the City of Houston. Protecting the quality and quantity of water flowing into this reservoir is a non-negotiable imperative for public health and economic stability for millions of residents.
Our area is defined by some of the fastest-growing communities in the nation, including The Woodlands, Conroe, Tomball, and Kingwood. This rapid urbanization creates immense pressure on the natural systems, increasing runoff, sedimentation, and pollutant loads. The Clean Water Act applied broadly is essential to mitigate these impacts.
Hydrological Features at Risk
The proposed updated definition, if finalized, risks removing federal protections from essential water features that are demonstrably connected to Lake Houston and its major tributaries. A narrow definition that excludes ephemeral streams or wetlands without a continuous surface connection ignores the scientific reality of our region’s hydrology.
Specific features at risk in our area include:
The San Jacinto River System (West Fork and East Fork):
As the primary artery feeding Lake Houston, the San Jacinto River relies heavily on a vast network of headwater streams. In Montgomery County, many of these headwaters are ephemeral, flowing only after our region’s intense rain events. If these “temporary” streams lose protection, they become prime targets for development-related filling. This would sever the hydrological connection that sustains the river’s base flow and water quality, turning the San Jacinto into little more than a conveyance channel for untreated stormwater.
Spring Creek:
Serving as the natural border between Harris and Montgomery counties, Spring Creek is one of the most pristine waterways remaining in the region. Its sandy banks and associated wetlands act as a massive filtration system. However, the health of Spring Creek is dependent on the lateral connectivity of adjacent wetlands that may not have a “continuous surface connection” year-round. Excluding these adjacent wetlands from WOTUS protection would allow for their destruction, leading to immediate sedimentation of the creek, choking off aquatic life and destroying the recreational value of the Spring Creek Greenway.
Lake Creek:
This major tributary flows into the West Fork of the San Jacinto River and drains a rapidly developing portion of Montgomery County. The watershed is characterized by “flashy” hydrology; it rises and falls quickly. The wetlands surrounding Lake Creek are critical for slowing this water down. Removing protection from the smaller, non-perennial feeders of Lake Creek will eliminate the natural braking system for floodwaters, increasing the velocity and height of flood peaks downstream in densely populated areas.
Palmetto and Bottomland Hardwood Wetlands:
Our region is home to unique forested wetlands that may be separated from the main channel by natural berms or levees. Under a restricted WOTUS definition, these vital flood-storage basins could be deemed “isolated” and paved over. This would result in a direct transfer of flood volume from undeveloped land into the living rooms of downstream residents.
Additionally, three important factors should also be considered in noting BLC’s opposition to this proposal:
Drinking Water Quality
Unprotected upstream wetlands and tributaries will be subject to increased filling, dredging, and chemical/sediment runoff from development, industrial activity, and agriculture. This degradation will lead to a marked decrease in water quality in Lake Houston, requiring exponentially higher treatment costs for the City of Houston and increasing the risk of contamination.
Flood Mitigation
The wetlands and ephemeral stream systems BLC works to protect act as natural sponges, reducing the velocity and volume of stormwater during increasingly frequent high-intensity rain events. Stripping WOTUS protection from these features will allow for their unmitigated destruction, directly exacerbating the already severe and costly flooding issues in northern Harris and Montgomery counties. Protecting these small, non-perennial waters is directly linked to the safety and resilience of downstream communities like Kingwood and Humble.
Conservation Mission
A narrower WOTUS definition undermines the BLC’s mission, and the conservation investments made by public and private partners across the watershed. If the federal backstop of the Clean Water Act is removed from key headwater systems, state and local regulations will be insufficient to protect the water quality and flood storage capacity essential for this rapidly expanding region.
Conclusion and Request
The BLC respectfully urges the EPA and the Department of the Army to reconsider the updated definition of WOTUS and adopt a definition that robustly protects the waters of the United States, including all tributaries and adjacent wetlands that have a significant nexus to navigable waters. For the Lake Houston watershed, a narrow interpretation of WOTUS threatens the largest source of drinking water for the City of Houston, jeopardizes our communities’ flood resilience, and contravenes the fundamental goals of the Clean Water Act.
We urge the agencies to maintain comprehensive jurisdiction over all features that provide filtration and flood control benefits to downstream communities and critical public drinking water sources.
Sincerely,
Signed,
Jill Boullion
Executive Director
Bayou Land Conservancy
How You Can Help
Every voice counts. Make sure the government hears yours. We urge you to compose a letter protesting the proposed changes to the definition of “Waters of the U.S.”
You can find the government’s proposed changes to the definition’s wording here.
You can submit public comments to The Army Corps here. Or the EPA here.
Please feel free to write your own comment or adapt language from the letter above. But do it NOW. And get your friends and neighbors to do it too! Perhaps nothing you can personally do will have a greater impact on your safety and the safety of your home or business in the next flood.
