Currently,  waters with a 'significant nexus' to 'navigable waters' are covered under the Clean Water Act (CWA).  The EPA is now trying to assert that the CWA "protects" (controls) traditional navigable waters, interstate waters, adjacent wetlands, tributaries, and 'other waters' which account for just about all water except swimming pools (see page 5).

The federal government usurped power over navigable water in the early 1800's by distorting the Commerce Clause listed in the Enumerated Powers (Article1, Section 8) of the Constitution, which says:

Does federal law trump state law? ONLY when it is a Constitutional law!  The Supremacy Clause says that federal laws supersede state laws "in pursuance of the Constitution", therefore, if the federal law is not Constitutional, then action is left to the State and to the People.

Because water affects human health directly, government regulations over water are appropriate  to PROTECT human health and property (but no more and no less than that).  The states are the obvious choice for regulating water because they answer more directly to the People who live there, instead of a central federal one-size-fits-all policy.

A new bill introduced in the House, the Clean Water Cooperative Federalism Act of 2011, is using the guise of limiting EPA power as a trick to bind states into a federal partnership.  'Cooperative federalism' means that state and local governments are used to implement federal policies.  However, under the Tenth Amendment the States can ignore unconstitutional federal acts.  Therefore, the feds usually bribe states with funds for implementation or they withhold funding from the states to usurp state power.

The Governor of each state has the responsibility of standing up against the EPA.

Read more here:  http://morphcity.com/home/100-is-your-governor-for-sale-to-the-epa