1. Short title This Act may be cited as the Define WOTUS Act of 2023 . 2. Navigable waters (a) Navigable waters definition Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ) is amended by striking paragraph (7) and inserting the following: (7) Navigable waters (A) In general The term navigable waters means— (i) the territorial seas; (ii) interstate waters that are used, or are susceptible to use in the natural and ordinary condition of those waters, as a means in transport of interstate or foreign commerce; (iii) relatively permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, rivers, or lakes, that flow directly into waters described in clause (ii); and (iv) wetlands that are adjacent to and have a continuous surface water connection to waters described in clause (ii) or (iii). (B) Exclusions The term navigable waters does not include— (i) intermittent or ephemeral waters, including features that flow only in response to precipitation or melt from snowpack; (ii) subsurface waters, such as groundwater or underground streams, including subsurface waters drained through subsurface drainage systems, such as drain tiling; (iii) intrastate waters, unless the waters meet the requirements described in subparagraph (A); (iv) a man-made channel or ditch, including irrigation, distribution, and drainage systems; (v) prior converted cropland; (vi) artificially irrigated areas; (vii) artificial lakes and ponds constructed in upland; (viii) water-filled depressions created in upland, including water-filled depressions incidental to mining or construction activity; (ix) stormwater control features excavated or constructed in upland to convey, treat, infiltrate, or store stormwater runoff; (x) wastewater recycling structures constructed in upland; (xi) waste treatment systems