By including dry gulches which contain no water, and giving the EPA power over them.
Water then becomes not only water but non-water.
bump
EPA is looking into your toilet and new regulations are coming soon.
Apparently the idea is that anywhere water flows during a heavy downpour is a navigable stream. This would have made nearly the entirety of the hilly forty acres where I grew up a navigable stream and it would make the entire eight acres where I now live a navigable stream since you can walk out after a really heavy rain and see where bits of leaves and tiny sticks and such have floated on top of the water just about anywhere you look. I have an actual tiny stream running down one side of the property and on the North side what actually IS a navigable stream, a creek large enough to run a large john boat with a motor and when it floods it covers three acres of so of the eight with floodwater. The only places in South Carolina where water does not run on top of the ground during very heavy rains are the areas where the sand is so porous that you cannot make a puddle with a water hose if you try. Surprisingly enough that is the sort of conditions I have in one area that is in the flood plain of the creek on the North side. The creek can be up to the point that the area along that bank is only two feet above the water and you can turn on a water hose and the water will run into the sand as soon as it hits it.