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EPA and Army Corps of Engineers Issue Draft Guidance on Waters Protected by Clean Water Act

The Energy Law

715 (2006). In this vein, non-navigable tributaries are subject to CWA jurisdiction, if the tributary is connected to a downstream traditional navigable water, and flow in the tributary is at least seasonal. Army Corps of Engineers, 531 U.S. 159 (2001) (SWANCC) and Rapanos v. United States, 547 U.S. Guidance at 13.