scope:

Waters of the United States include those waters listed in § 328.3(a). The lateral limits of jurisdiction in those waters may be divided into three categories. The categories include the territorial seas, tidal waters, and nontidal waters (see 33 CFR 328.4 (a), (b), and (c), respectively).

Purpose.

This section defines the term ''waters of the United States'' as it applies to the jurisdictional limits of the authority of the Corps of Engineers under the Clean Water Act. It prescribes the policy, practice, and procedures to be used in determining the extent of jurisdiction of the Corps of Engineers concerning ''waters of the United States.'' The terminology used by section 404 of the Clean Water Act includes ''navigable waters'' which is defined at section 502(7) of the Act as ''waters of the United States including the territorial seas.'' To provide clarity and to avoid confusion with other Corps of Engineer regulatory programs, the term ''waters of the United States'' is used throughout 33 CFR parts 320 through 330. This section does not apply to authorities under the Rivers and Harbors Act of 1899 except that some of the same waters may be regulated under both statutes (see 33 CFR parts 322 and 329).