What is the Protected Surface Waters List (PSWL)?

The Protected Surface Waters List, or PSWL, is a list of waters regulated either under the Clean Water Act (CWA) or the Arizona Surface Water Protection Program (SWPP). 

If a water meets the federal Clean Water Act definition of a Waters of the United States (WOTUS), it is automatically included on the PSWL and regulated as a federally protected water. 

Waters deemed not to be a WOTUS under the current federal definition, may be regulated through SWPP as a Non-WOTUS Protected Surface Water if that water meets the definition of a state protected surface water in accordance with Arizona Revised Statutes (A.R.S) §49-221(G) | View >

Note: The PSWL is advisory only and does not constitute a final agency action or a jurisdictional determination for any water. 

Where can I find out which waters are on the PSWL?

A list of waters regulated as WOTUS can be found in the Arizona Administrative Code Title 18, Chapter 11 (R18-11), Article 2 in Table B and Table C. 

Additionally, a list of Non-WOTUS Protected Surface Waters can be found in R18–11, Article 2, Table A. 

An online map is also available | View Map >

The PSWL is advisory only and does not constitute a final agency action or a jurisdictional determination for any water. It was created as part of the SWPP to increase regulatory clarity in Arizona. For questions about regulatory actions on specific waters, please contact us | Email >

How will the PSWL be updated?

The PSWL is updated through rulemaking, which includes public comment. ADEQ will conduct rulemakings, as necessary, to update the list. 

As of July 2023, ADEQ does not have plans to conduct a rulemaking to update the lists until guidance for a new WOTUS definition is released by federal agencies in response to a recent Supreme Court decision | Learn More >

What if I believe a water currently being regulated as WOTUS is not WOTUS or vice versa?

If you believe ADEQ has included a waterbody that should not be included on the map OR if there is an intermittent or perennial water that should be included, please contact us | Email >