Fills and overflows in a normal year FROM another WOTUS is I think the key.
So my ponds both fill from rainwater that flows off of fields. I get zero water from any other source. Based on the current description I should be retaining ownership and control of my ponds....at least right now.
But if your pond is downstream of a corps of engineers lake, for example, and when it comes a gully washer some water could move FROM that lake to your pond, you could be in trouble based on these new regs.
Same way if a creek that's full some/most of the time can flood out of it's banks and end up in your pond.
Etc.
This goes both ways, and more importantly, if your Pond/BOW stops flow from entering a tributary that feeds into a Navigable stream, it will fall under their jurisdiction and "could" be subject to draining.
We are fighting this tooth and nail in Kansas, especially the western half where litigation has already taken place between adjoining states and their Governments.
