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<br />CENWO <br />SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of <br />Sackett v. EPA, 143 S. Ct. 1322 (2023), NWO-2024-01795-DEN <br /> <br /> <br />2 <br /> <br />a. Provide a list of each individual feature within the review area and the <br />jurisdictional status of each one (i.e., identify whether each feature is/is not a <br />water of the United States and/or a navigable water of the United States). <br /> <br />i. AgDitch 1-27, non-jurisdictional <br /> <br />2. REFERENCES. <br /> <br />a. “Revised Definition of ‘Waters of the United States,’” 88 FR 3004 (January 18, <br />2023) (“2023 Rule”) <br /> <br />b. “Revised Definition of ‘Waters of the United States’; Conforming” 88 FR 61964 <br />(September 8, 2023) <br /> <br />c. Sackett v. EPA, 598 U.S. 651, 143 S. Ct. 1322 (2023) <br /> <br /> <br />3. REVIEW AREA. The review area is located at a latitude of 40.195283, longitude of <br />-104.909671, in Weld County, Colorado. It is identified as the jurisdictional <br />determination area in Figure 2. <br /> <br />4. NEAREST TRADITIONAL NAVIGABLE WATER (TNW), THE TERRITORIAL SEAS, <br />OR INTERSTATE WATER TO WHICH THE AQUATIC RESOURCE IS <br />CONNECTED.5 None. <br /> <br />5. FLOWPATH FROM THE SUBJECT AQUATIC RESOURCES TO A TNW, THE <br />TERRITORIAL SEAS, OR INTERSTATE WATER. N/A <br /> <br />6. SECTION 10 JURISDICTIONAL WATERS 6: Describe aquatic resources or other <br />features within the review area determined to be jurisdictional in accordance with <br />Section 10 of the Rivers and Harbors Act of 1899. Include the size of each aquatic <br /> <br />5 This MFR should not be used to complete a new stand-alone TNW determination. A stand-alone TNW <br />determination for a water that is not subject to Section 9 or 10 of the Rivers and Harbors Act of 1899 <br />(RHA) is completed independently of a request for an AJD. A stand-alone TNW determination is <br />conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where <br />upstream or downstream limits or lake borders are established. <br />6 33 CFR 329.9(a) A waterbody which was navigable in its natural or improved state, or which was <br />susceptible of reasonable improvement (as discussed in § 329.8(b) of this part) retains its character as <br />“navigable in law” even though it is not presently used for commerce, or is presently incapable of such <br />use because of changed conditions or the presence of obstructions.