; (4) in paragraph (12), by striking (12) The term and inserting the following: (12) Discharge of a pollutant; discharge of pollutants The term ; (5) by redesignating paragraphs (1) through (27) as paragraphs (24), (10), (23), (12), (17), (19), (13), (25), (3), (14), (6), (5), (26), (18), (1), (4), (22), (9), (20), (11), (2), (7), (16), (15), (21), (27), and (8), respectively, and moving the paragraphs so as to appear in numerical order; and (6) by striking paragraph (13) (as so redesignated) and inserting the following: (13) Navigable waters; waters of the United States (A) In general The terms navigable waters and waters of the United States mean— (i) the territorial seas; (ii) a body of water, including a body of water subject to the ebb and flow of the tide, that— (I) is used in interstate or foreign commerce; (II) has previously been used in interstate or foreign commerce; or (III) may be susceptible for use in interstate or foreign commerce; (iii) a tributary; (iv) a lake, pond, or covered impoundment; and (v) adjacent wetland. (B) Exclusions The terms navigable waters and waters of the United States do not include— (i) a body of water or a water feature that is not described in subparagraph (A); (ii) groundwater, including groundwater drained through a subsurface drainage system; (iii) an ephemeral feature, including an ephemeral stream, swale, gully, rill, or pool; (iv) diffuse stormwater run-off and directional sheet flow over upland; (v) a ditch that is not described in clause (i), (ii), or (iii) of subparagraph (A); (vi) the portion of a ditch constructed in an adjacent wetland that does not meet the requirements described in subparagraph (C)(i); (vii) prior converted cropland; (viii) an artificially irrigated area, including a field flooded for agricultural production, that would revert to upland if the application of irrigation waters to that areas cease