• which are or could be used by interstate or foreign travelers for recreational or other purposes; or

• from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

• which are used or could be used for industrial purposes by industries in interstate commerce.
4. All impoundments of waters otherwise defined as waters of the United States under the definition;
5. Tributaries of waters identified in paragraphs (1) through (4);
6. Territorial seas; and
7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (1) through (6).

The Code of Federal Regulations further provides that “waters of the United States” do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the CWA, the final authority regarding CWA jurisdiction remains with the United States Environmental Protection Agency (33 CFR 328.3[a][8]).

Waters of the State: Waters of the state means any surface water or groundwater, including saline waters, within the boundaries of the state.

Watershed: The land area from which water drains into a stream, river, or reservoir.

Wetlands: Wetlands are ecologically productive habitats that support a rich variety of both plant and animal life. The importance of wetlands has increased due to their value as recharge areas and filters for water supplies and to their widespread filling and destruction to enable urban and agricultural development. Examples of wetlands may include freshwater marsh, seasonal wetlands, and vernal pool complexes that are adjacent to “waters of the United States.” In a jurisdictional sense, there are two commonly used wetland definitions: (1) a definition adopted by the United States Environmental Protection Agency and Corps, and (2) a separate definition, originally developed by the USFWS, that has been adopted by agencies in the State of California that have regulatory authority over wetlands. Both definitions are presented below.

Federal Wetland Definition. Under federal law, wetlands are a subset of “waters of the United States” and receive protection under Section 404 of the CWA. Wetlands are defined as those areas that are inundated or saturated by surface or ground water at a frequency and duration that are sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetland determination under the federal wetland definition adopted by the Corps requires the presence of three factors: (1) wetland hydrology, (2) plants adapted to wet conditions, and (3) soils that are routinely wet or flooded