Definition of navigable waters
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Section 502(7) of the Federal Water Pollution Control Act (33 U.S.C. 1362(7)) is amended— (1) by striking (7) The term and inserting the following: (7) Navigable waters (A) In general The term; and (2) by adding at the end the following: (B) Exclusions The term navigable waters does not include— (i) waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of this Act; (ii) ephemeral features that flow only in direct response to precipitation; (iii) prior converted cropland; (iv) groundwater; or (v) any other features determined to be excluded by the Administrator or the Secretary of the Army, acting through the Chief of Engineers..