Ponds can be considered Waters of the United States (WOTUS), but their classification depends on their specific characteristics and connection to other federally regulated waters. It's not a simple yes or no answer; rather, it hinges on how a particular pond fits into the established criteria for WOTUS.
Federal jurisdiction generally extends to surface waters that are navigable, interstate, or have a significant nexus to such waters. This includes their tributaries, adjacent wetlands, and impoundments. Therefore, a pond's status as WOTUS often depends on its origin and connectivity.
Understanding the Criteria for Waters of the United States
To determine if a pond falls under federal jurisdiction as a Water of the United States, it's essential to understand the categories that define WOTUS. These categories encompass a broad range of aquatic features:
- Navigable Waters and Their Tributaries: If a pond is part of or directly connected to a water body used for interstate or foreign commerce, or if it is a tributary (a stream or river flowing into) such a water body, it can be considered WOTUS.
- Interstate Waters and Their Tributaries: Waters that cross state lines, including their connecting tributaries, are also WOTUS.
- Wetlands Adjacent to Regulated Waters: If a pond exhibits characteristics of a wetland and is located next to navigable waters, interstate waters, or their tributaries, it may be classified as WOTUS.
- Impoundments of Regulated Waters: A very common way for ponds to be classified as WOTUS is if they are created by damming or otherwise impounding (holding back) a water body that itself is considered WOTUS (e.g., a stream that is a tributary to a navigable river).
Scenarios for Ponds as WOTUS
The table below illustrates common scenarios where a pond might, or might not, be classified as a Water of the United States:
| Pond Characteristic | WOTUS Status | Explanation |
|---|---|---|
| Impoundment of a WOTUS Tributary | Yes | A pond formed by damming a stream that flows into a navigable river would typically be WOTUS because it's an impoundment of a federal water. |
| Direct Tributary to a Navigable Water | Yes | If a pond has a continuous surface water connection directly to a navigable river, it functions as a tributary and may be WOTUS. |
| Wetland Adjacent to an Interstate Water | Yes | A pond that qualifies as a wetland and is physically connected or in close proximity to an interstate river system could be considered WOTUS. |
| Isolated Pond with No Surface Water Connection | No | A pond that is entirely self-contained, does not flow into any regulated waters, and is not an impoundment of such waters, is generally not considered WOTUS. |
| Small, Man-Made Pond for Irrigation/Aesthetics | No (Often) | Many small, man-made ponds created solely for irrigation, livestock, or aesthetic purposes, without a connection to federally regulated waters, typically fall outside WOTUS definition. |
Practical Considerations
Determining the exact status of a pond requires a thorough evaluation of its hydrological connections and characteristics. Factors such as whether it was created by altering an existing stream, its connectivity to downstream navigable waters, and its ecological features all play a role. Because the classification can be complex and specific to each water body, assessments often involve environmental specialists to ensure compliance with federal regulations.
