However, the enviros still want to wrest control of land. One approach had been to declare these ephemeral ponds a component of interstate commerce. For example, use by ducks and other migratory birds. The new proposed rule goes much further:
Consistent with this view, the agencies now propose to continue to exert jurisdiction over, inter alia, “other waters” that are geographically isolated and even seldom, if ever, hydrologically connected, but are nevertheless “biologically connected to each other and to downstream waters through the movement of seeds, macroinvertebrates, amphibians, reptiles, birds, and mammals.”
http://www.paulhastings.com/docs/default-source/PDFs/epa-an--the-corps-seek-to-reclaim-jurisdiction-over-waters.pdf
New Mexico farmers and ranchers are already suffering from imported Mexican wolves and jaguars killing their livestock and closing their summer ranges. Then the sage grouse scam.
Now this water & property right grab.