FYI - From U S Supreme Ct's new opinion. SACKETT v. EPA - Opinion of the Court

"In sum, we hold that the CWA extends to only those “wetlands with a continuous surface connection to bodies that
are ‘waters of the United States’ in their own right,” so that
they are “indistinguishable” from those waters. Rapanos,
547 U. S., at 742, 755 (plurality opinion) (emphasis deleted); see supra, at 22. This holding compels reversal here.
The wetlands on the Sacketts’ property are distinguishable
from any possibly covered waters. "