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<br />1989] <br /> <br />WATER RIGHTS PROTECTION <br /> <br />request, but in June 1977 President Carter refused to renew the pri <br />administration's delay in implementing more comprehensive Cot <br />regulation. 53 <br />On the House side, the 94th Congress in 197654 adopted t <br />Wright Amendment, which would have limited 404 jurisdiction to tl <br />ditionally navigable waters. 55 A year later in the 95th Congress, t <br />House again, adopted the Wright provision,'6 which would have IiI <br />ited 404 jurisdiction to: <br /> <br />all waters wbich are presently used, or are susceptible to use in <br />their natural condition or by reasonable improvement as a means <br />to transport interstate or foreign commerce shoreward to their or- <br />dinary high water mark, including all wate,rs which are subject to <br />the ebb and flow of the tide shoreward to their mean high water <br />mark (mean higher high water mark on the west coast) . , , .57 <br /> <br />Many western members of the House of Representatives rose; <br />support of the Wright Amendment. Representative Virginia Smith, <br />Nebraska specifically spoke about the need to preserve state wat, <br />policy: <br /> <br />I feel that section 16 is the best resolution of this entire controversy <br />because it insures agriculture an unrestricted use of water re- <br />sources, perpetuates the State's privilege to dictate water policy, <br />and avoids needless expense, . . . <br />Protection and allocation of water necessarily demands a <br />careful balancing of many important social and economic interests. <br />It should be the State's role to weigh these concerns at a local level <br />where the questions are best understood and handled.'. <br /> <br />Representatives William Harsha and James Cleveland objected to tho <br />Wright Amendment on the grounds that it would exclude from Corp <br />jurisdiction eighty percent of the nation's wetlands and ninety-eigh <br />percent of its stream miles.'. <br />The debate in the Senate was equally impassioned, but the out <br />come was reversed. In the 94th Congress, the Senate had rejected Sen <br />ator John Tower's amendment to duplicate the Wright Hous< <br /> <br />53. 4 LEGISLATIVE HISTORY OF THE CLEAN WATER ACT, supra note 27. al 932-39. <br />54. H.R. 9560, 94th Cong., 2d Sess. (1976). <br />55. ld. See 4 LEGiSLATIVE H,STORY OF THE CLEAN WATER ACT, supra note 21, at 1220. <br />56. H.R. J 199, 95th Cong.. 1st Sess. (197:5). See 4 LEGISLATIVE HISTORY OF THE CLEAN <br />WATER ACT, supra note 27, at 1218. <br />57. See 4 LEGISLATIVE HISTORY OF THE CLEAN WATER ACT, supra note 27, at 1183. <br />58. 123 CONGo REC. 10,427.28 (1977) (remarks.of Rep. Smith), reprinted in 4 LEGISLATIVE HIS- <br />TORY OF T}fE CLEAN WATER ACT. supra note,27. at 1347. <br />59. 123 CoNr.. RFC 11l4n~(1Q7"\("""""r"'r,,f'D__~ u_ . <br />