How WOTUS Affects You and Your Clients

Before your clients buy or sell land connected to certain waterways, they should check if the land is under federal jurisdiction. So says Charles Porter , Ph.D, an expert in water rights and real estate ethics in Texas.?

What is WOTUS?

The Waters of the United States (WOTUS) is the federal government’s term to describe its jurisdiction to enforce the Clean Water Act.?

While WOTUS generally refers to relatively permanent streams, creeks, interstate rivers, and coastal areas, regional officials have broad discretion to interpret the definition, Porter says.?

“The general public is totally unaware of it,” he says. “Only a few people who have dealt with it know about it.”?

Helping your clients

If you think your clients’ property could be affected by WOTUS, Porter suggests you encourage them to call the regional offices of the Army Corps of Engineers and Environmental Protection Agency.??

This matters because it’s a disclosure issue for you, he explains. You’re serving your clients by letting them know if they face federal oversight or require permission to change something on their land.??

You could potentially face exposure to complaints or a lawsuit if your clients claim they would not have purchased the property if they had known about the limitations, but you didn’t warn them.??

Advise your clients to consult an attorney as well, Porter says. “No matter how sophisticated of a broker you are, tell them to reach out to an attorney and maybe a civil engineer who understands these things. Then you’ve done your due diligence.”

Where WOTUS stands now

Porter says the definition has stayed consistent since late 2023, when the EPA and Department of the Army amended it after a Supreme Court decision.?Politics can factor into whether WOTUS is interpreted more expansively or narrowly, he adds.?

Porter will cover WOTUS and how it affects real estate agents during an educational session at the 2025 Texas REALTORS? Winter Meeting. Click here to learn more and register to attend.