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<br />lOlng l.f.\Pt JUnsolcUOn: l~OW, lfie courtS conleno lfiat: navIgame <br />ters include all waters of the United States. Now, the Corps is in <br />: position to obtain jurisdiction over waters which are navigable <br />ther in law nor in fact, and furthermore, not even critical to naviga- <br />n. "62 Senator Bentsen decried the Corps' interference with "agri- <br />turaIly productive uses."63 Senator Clifford Hansen of Wyoming <br />)ressed great concern that the 404 permit program would be utilized <br />impose a "national water policy which abrogates and destroys the <br />lity of States to deal with problems which are State problems. It is <br />. intent to be clear on this issue, that State water laws are matters to <br />dealt with by the States and not by some official in Washington."64 <br />lator Robert Bartlett of Oklahoma6' and Senator Pete Domenici of <br />w Mexico66 expressed similar concerns about the effect of an en- <br />~ed 404 permit program on agricultural practices and water <br />,jects. <br /> <br />C The 404/101(g) Compromise <br /> <br />In his successful effort to retain a wide jurisdictional predicate for <br />tion 404, Senator Muskie conceded that revisions to the permit pro- <br />m would have to be made: "I think it ought to be clear that no <br />mber of the Senate, as far as I know, defends section 404."67 He <br />1 that the purpose of the 404 program was to require the Corps to <br />ke into account the toxic nature of the materials which it was shift- <br />from the bottoms of our waterways into wetlands and other vul- <br />able areas" under the 1899 Act. 68 He described the 1972 Act and <br /> <br />60. 122 CONGo REC. 28,793 (1977) (the vote was 39-38), reprinted in 4 LEGISLATIVE HISTORY OF <br />CLEAN WATER ACT, supra note 27, at 930. <br />61. 123 CoNG. Rec. 26,728 (1977) (the vote was 51-46), reprinted jn 4 LEGISLATIVE HISTORY OF <br />CLEAN WATER ACT, supra nole 27, at 947. <br />62. 123 CONGo REC. 26.722 (1977) (remarks of Sen. Tower), reprinted in 4 LEGISLATIVE Hls- <br />~ OF THE CLEAN WATER ACT, supra note 27, at 930-31. <br />63. 123 CONGo REC. 26,712 (1977) (remarks of Sen. Bentsen), reprinted in 4 LEGISLATIVE HIS- <br />'Of THE CLEAN WATER ACT, supra note 27, at 905. <br />64. 123 CONGo REC. 26,726 (1977) (remarks of Sen. Hansen), reprinted in 4 LEGISLATIVE Hls- <br />'OF THE CLEAN WATER ACT, supra note 27. at 942. <br />65. 123 CoNG. REC. 26,726 (1977) (remarks of Sen. Bartlett). reprinted in 4 LEGISLATIVE Hls- <br />'OF THE CLEAN WATER ACT. supra note 27, at 942. <br />56. 123 CONGo REC. 26.719 (1977) (remarks of Sen. Domenici), reprinted in 4 LEGISLATIVE Hls- <br />'OF THE CLEAN WATER ACT, supra note 27, at 925. <br />57. 123 CONO. REC. 26,711 (1977) (remarks of Sen. Muskie). reprinted in 4 LEGISLATIVE Hls- <br />. OF THE CLEAN WATER ACT, supra note 27, at 903. <br />S8. 123 CoNO. Ri:.c. 26.72Q..721 (1977) (remarks of Sen. Muskie), reprinted in 4 LEGISLATIVE <br />DRY OF THE CLEAN WATER ACT. supra note 27, at 929. <br />