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Resolution No. 2006 -2 - -- CLEAN WATER ACT <br />The Clean Water Act (CWA) shall not be utilized to regulate anything other than the discharge of pollutants to <br />waters of the United States. <br />Jurisdiction of the CWA: <br />Section 101(g) of the CWA shall apply to all sections of the CWA and all programs thereunder. The CWA and <br />any amendments thereto should not directly or indirectly create a federal water quality law or program which <br />supersedes, abrogates or impairs state water allocation systems or compacts and rights to water created and <br />managed under state. law. <br />Section 401 of the CWA shall not be utilized directly or indirectly to control activities which do not result in a <br />point source discharge of pollutants. <br />States Rights: <br />1 . Th6 CWA shall not supersede, abrogate or impair state water rights. <br />2. No water rights arise in the United States or any other person by virtue of the CWA. <br />3. No federal agency or officer shall redefine, limit or prohibit those uses of water authorized by state law as <br />beneficial. <br />4. No provision of the CWA shall prohibit or limit the development of water legally allotted to a state. <br />5. No provisions of the CWA shall restrict any state in the creation or amendment of its water law or the judicial or <br />administrative principles for making water allocations. <br />6. States shall have primary responsibility for identifying and administering both voluntary and involuntary Best <br />Management Practices (BMPs) associated with the CWA. Federal funding and assistance should be made <br />available for implementing BMPs. <br />7. States shall be allowed to develop and administer water quality standards appropriate for ephemeral and/or effluent <br />dominated streams taking into account the intermittent nature and other physical limitations of such streams, the <br />net environmental benefit associated with the continued discharge of water to such streams, and the need to protect <br />downstream beneficial users. <br />States shall have the prerogative of identifying and implementing any anti - degradation policy. <br />EPA shall defer to state classifications for intrastate bodies of water and the state established water quality <br />standards for the protection of such classifications. <br />10. States shall exercise primary authority in meeting the requirements of Section 303(d) of the CWA, with specific <br />reference to: <br />• the identification of impaired water bodies; <br />• the prioritization of impaired water bodies; <br />• the establishment of TMDLs; <br />• the implementation of TMDLs; and <br />• the selection of appropriate mechanisms for addressing non -point sources of pollutants. <br />Water bodies shall not be listed where Section 303(d) impairment is determined to be caused by "pollution" as <br />distinct from "pollutants." <br />11. The Environmental Protection Agency (EPA) may provide scientifically sound technical guidance upon flow, <br />biological nutrient and wildlife criteria, but shall defer to the states in their adoption and implementation. <br />5 <br />