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on a vacant lot in a largely built out subdivision yet their home building plans remain on hold to this day because EPA remains steadfast in its view that their property contains navigable Waters subject to regulation under the Clean Water Act but under no plausible interpretation of that term does the agency have such Authority now the statute defines navigable Waters as the Waters of the United States and so explicitly requires that EPA established two things before it may regulate first there must be a water that is a hydrogeographic feature that an ordinary parlance would be referred to as a type of stream Creek river lake or the like a wetland however is none of those things and so it can be regulated as a water only to the extent that it Blends into and thus becomes indistinguishable from an abutting water second the water has to be of the United States that is for all practical purposes a navigable in fact water now this test is vastly superior to the significant Nexus test for

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