What's In Your Water? Understanding the History and Importance of Water Regulations

Key Takeaways

• Water regulations in the U.S. have evolved significantly over the last century to ensure safe drinking water and protect natural water sources.

• Key laws such as the Clean Water Act and the Safe Drinking Water Act have played pivotal roles in shaping modern water policies.

• Recent developments in 2025, including changes in presidential administration and cabinet appointments, are influencing new water regulations and enforcement measures.

• Climate change, infrastructure concerns, and industrial pollution continue to pose challenges to water quality.

Like air, water is a fundamental human need, yet ensuring its purity and safety has been a centuries-long challenge. From lead contamination in Flint, Michigan, to the ongoing crisis of PFAS (per- and polyfluoroalkyl substances) pollution, the history of water regulation in the U.S. is a story of progress, setbacks, and constant vigilance.

While new administrations offer the prospect of change, the slow shift of water regulations throughout history is a stagnant reminder of the impediments to progress. 

Each year, the policies enacted shape how the country manages water resources, enforces pollution limits, and safeguards public health; however, to understand where we are headed, considering where we’ve been is essential. Below we’ll review the history of water regulations and examine the current challenges and prospects.

Water regulation in the United States has a long and complex history. Before the 20th century, water contamination was largely unchecked, leading to widespread disease and environmental degradation. The following key legislative milestones helped shape current regulations:

The Federal Water Pollution Control Act (1948)

Before 1948, water regulations were instituted by local governments. The Federal Water Pollution Control Act of 1948 was the first major federal effort to address water pollution. The act provided funds to states for water treatment infrastructure and research. It stipulated the following:

Unfortunately, this act lacked strong enforcement mechanisms which led to later revisions. 

The Clean Water Act (1972)

The Clean Water Act of 1972 (CWA) restructured the 1948 legislation to focus on specific strategies to inhibit the pollution of U.S. waters through industry standards and consequences for breaking the laws. The CWA included:

The Safe Drinking Water Act (1974)

The Safe Drinking Water Act of 1974 (SDWA) focused on protecting public drinking water supplies from above or underground sources by setting health-based standards for contaminants. The act stipulated that:

• The EPA could support tap water by establishing minimum health-related standards for public water systems. 

• (1996 amendment) The EPA must consider peer-reviewed science and a risk and cost assessment when developing drinking water standards. This amendment included the Public Notification Rule (PN) which states that customers must be notified if:

  • Drinking water standards are not met.

  • Water system tests fail.

  • The system has been permitted to use a less costly technological substitute. 

  • The system has been given extra time to comply with a new regulation.

• States can get approved to enforce EPA drinking water standards and are also encouraged to enforce non-mandatory standards. 

• The EPA can set standards to ensure that underground drinking water sources aren’t contaminated by the injection of fluids.³

Since SDWA, there have been additional concerns about pollutants in U.S. water sources like:

These concerns demonstrate the need for ongoing research and regulations to improve the water supply and keep consumers safe.

Despite decades of progress, new threats to water quality continue to emerge. Some of the most pressing issues in 2025 include:

Aging Infrastructure

The American Society of Civil Engineers (ASCE) gave the U.S. a C- in their 2021 Report Card for America’s Infrastructure, along with the following assessment:

Our nation’s drinking water infrastructure system is made up of 2.2 million miles of underground pipes that deliver safe, reliable water to millions of people. Unfortunately, the system is aging and underfunded. There is a water main break every two minutes and an estimated 6 billion gallons of treated water lost each day in the U.S. enough to fill over 9,000 swimming pools.⁴

While the ASCE grade was less than ideal, in the report, the ASCE was hopeful that the expansion of federal funding programs would support the replacement of old pipelines. 

At the writing of this article, the 2025 report has not been released. 

Climate Change and Extreme Weather

Rising temperatures, severe droughts, and intensified storms are straining water systems due to:

These challenges can lead to contamination and supply shortages. 

Industrial and Agricultural Pollution

Runoff from farms, factories, and urban areas continues to introduce harmful chemicals into rivers, lakes, and groundwater. The presence of nitrates, heavy metals, and pharmaceutical residues in drinking water is an increasing concern.

PFAS and "Forever Chemicals"

PFAS contamination has been detected in water supplies across all 50 states. These man-made chemicals, used in everything from nonstick cookware to firefighting foam, have been linked to cancer, hormonal disruption, and other health problems. The EPA has set stricter limits, but enforcement remains a challenge.

With the 2025 White House administration restructuring EPA leadership, the direction of water regulation is shifting. 

At the writing of this article, the current president (Donald Trump) has been in office for almost a month and a lot has happened related to the Environmental Protection Agency. At this point, it is unclear how the EPA will be fully impacted by the change in administration, including current water regulations. 

So far, there has been a federal freeze on government funding and a proposed rollback on previous air and water quality proposals. This includes a White House withdrawal of a PFAS limits proposal that was under review.

Melanie Benesh, the vice president of government affairs at the Environmental Working Group (EWG) had this to say about the rollback:

This move not only delays establishing critical federal standards but also sends a dangerous message giving polluters a green light to continue poisoning our water and communities without fear of consequence. … PFAS contamination is already a public health crisis. The science is clear: PFAS are toxic at even the smallest levels, and they have been linked to serious health problems, including cancer, immune suppression and developmental harm. Communities across the country, especially those near PFAS-manufacturing facilities, have lived with the devastating consequences of this pollution for decades.⁵

While there are strong opinions on both sides of the water regulations aisle, it is evident that a clear-cut solution will not happen overnight. As policy changes unfold, a few key factors will be under scrutiny:

Water regulation in the United States is an evolving landscape that reflects the changing needs of public health, environmental sustainability, and technological advancement. While significant progress has been made in the last 76 years since the Federal Water Pollution Control Act, new challenges continue to emerge.

The policies enacted in 2025 will play a crucial role in shaping the future of water safety in the U.S. The nation is at a pivotal moment. As citizens, staying informed and advocating for responsible water policies remains essential to ensuring clean and safe water for future generations.

Additional Reading/Listening

Reading

1. Water Quality with Robert Glennon

   • Description: This video interview hosted by Robert C. Robbins, the president of the University of Arizona explores water law and policy. 

   • Link: Water Quality with Robert Glennon

2. EPA Office of Inspector General Multimedia

   • Description: The EPA's Office of Inspector General offers videos and podcasts on topics impacting American taxpayers, such as the Flint Water Crisis, providing insights into regulatory oversight.

   • Link: EPA Water Topics

Podcasts:

1. The Maguire Podcast: Episode 44 – The Safe Drinking Water Act

   • Description: Alan Roberson, Executive Director of the Association of State Drinking Water Administrators, discusses the 50th anniversary of the Safe Drinking Water Act and its implications for public health.

   • Link: The Maguire Podcast: Episode 44

2. Waterloop Podcast: Episode 212 – 50 Years of Safer Drinking Water

   • Description: A conversation with Alan Roberson reflecting on the achievements and future challenges of the Safe Drinking Water Act as it reaches its 50th year.

   • Link: Waterloop Episode 212

3. The Clean Water Pod

   • Description: Hosted by Jeff Berckes, this podcast explores challenges and successes of the Clean Water Act's 303(d) program in the U.S., featuring discussions with local, state, and federal staff.

   • Link: The Clean Water Pod