On October 31, the Army Corps of Engineers ("ACOE") issued new guidance as to the types and prioritization of jurisdictional determinations (JDs).  Regulatory Guidance Letter (RGL) 16-01 "Jurisdictional Determinations" has very little new guidance in reality.  However, some key language in the RGL makes clear the real purpose behind the RGL.  

What is

Does this picture show a waterbody that should fall under federal protection pursuant to the Clean Water Act?

Do you believe this is a stream that has a "significant nexus" to a navigable waterway (current test established under Rapanos by Supreme Court Justice Kennedy)

Is it reasonable to require a Federal Section 404 and State