The proposed "Waters of the United States" Rule: Clearer or more confusing?

The US Environmental Protection Agency (USEPA) and the US Army Corps of Engineers (USACE) have published in the Federal Register a proposed rule titled Definition of 'Waters of the United States' Under the Clean Water Act. The two agencies stated that the purpose of the proposed rule was to clarify the types of waters afforded protection under the Clean Water Act (CWA), to reduce confusion and case-by-case analysis, save businesses time and money, and assist states in protecting their waters. The proposed definition leaves unchanged the current exemption for prior converted cropland; nonetheless, the agriculture industry has joined those industries worried about the unintended consequences of the proposed rule. The statutory and regulatory exemptions for normal farming, silviculture, ranching activities, agricultural storm water discharges, and return flows from irrigated agriculture under Section 402 CWA remain intact.