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<br />- -- .--- -r------e r--.------- -- ---- ---- -oJ ---- ------------ ----- <br />:71 and became section 101 (g). <br />enator Wallop described the WalloplHart provision as "a sim- <br />Gendment" for the purpose of recognizing "the historic alloca- <br />'ights contained in state constitutions." He continued: "The <br />lment speaks only-but significantly-to the rights of States to <br />te quantities of their water and to determine priority uses. It <br />lizes the differences in types of water law across the Nation. It <br />lizes patterns of use."7' Speaking in support of the conference <br />.ittee report, Senator Wallop emphasized that the purpose of sec- <br />Ol(g) was to protect state water rights creation and administra- <br />~om "[t]ederal land use planning," while at the same time to <br />"[l]egitimate water quality measures" that may have "some ef- <br />1 the method of water usage."7. Senator Wallop recognized that <br />GS 208, 402, and 404 of the Clean Water Act could "incidentally <br />the use of water under an individual water right," but empha- <br />that the amendment preserved state jurisdiction over "priority of <br />" which was to remain "inviolate:" <br /> <br />Water quality and interstate movement is an acceptable Federal <br />role and influence. But the States [sic) historic rights to allocate <br />quantity, and establish priority of usage remains inviolate because <br />of this amendment. The Water Pollution Control Act was <br />designed to protect the quality of water and to protect critical wet- <br />lands in concert with the various States. In short a responsible <br />Federal role.'o . <br /> <br />)r Wallop explained that section 101 (g) was meant not to change <br />ther to reaffirm and express even more clearly another provision <br />Act, section 510, which had been included in the 1972 Act for <br /> <br />123 CONGo REC. 26,762 (1977) (remarks of Sen. Wallop, indicating he offered his amendment <br />Hart's behalf as well), reprinted in 4 LEGISLATIVE HI!ITORY OF.THE CLEAN WATER ACT, <br />le 27, at 1030. <br />123 CONGo REC. 38,448 (1977) (House consideration of conference report); see 3 LEGISLA- <br />TORY OF THE CLEAN WATER Acr, supra note 27, at 56. For the contrary treatment of this <br />he Tenth Circuit in Riverside Irrigation District Y. Andrews, 758 F.2d 508 (10th Or. 1985), <br />wironmentalists. see infra note 163. <br />123 CONGo REC. 26,762 (1977) (remarks of Sen. Wallop), reprinted in 4 LEGISLATIVE Hls- <br />THE CLEAN WATER Acr. supra note 27, at 1030. <br />123 CONGo REC. 39,2fl-212 (1977) (remarks of Sen. Wallop), reprinted in 3 LEGISLATIVE <br />OF THE CLEAN WATER ACT, supra note 27, at 531-32. <br />123 CONGo REC. 39.212 (1977) (remarks of Sen. Wallop), reprinted in 3 LEGISLATIVE HIS- <br />THE CLEAN WATER ACT, supra note 27. at 532. <br />