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J e/tect" but goes to the heart or the nght ltsett. What did Sena- fallop mean when he said that section 10 I (g) allows incidental ~ on the usage of water under an individual water right? Specifi- he said: This amendmenl does seek to clarify the policy of Congress con- cerning the proper fole of Federal water quality legislation in rela- ! tion to State water law. Legitimate water quality measures ! authorized by this act may at times have some effect on the i method of water usage. Water qualily standards and their upgrad- ing are legitimate and necessary under this act. The requirements of section 402 and 404 permits may incidentally affecl individual water rights. Management practiCes developed through State or local 208 planning units may also incidentally effect the use of water under an individual water right. I 16 sterner well-versed in the prior appropriation doctrine, Senator lp was aware that, although water users have the right to with- water from the natural streams in priority for beneficial use, they ,t have the right to discharge pollutants to the stream after water :d. As a usufructuary right, use of water is subject to certain Jions, including reasonable water quality controls.'17 rhe recurrent theme of the Clean Water Act, discernible ghout the legislative history of the 1972, 1977, and 1987"8 Acts, :lean up and keep clean, through source control or treatment, the s of the United States for the "protection and propagation of fish, sh, and wildlife and [to provide] for recreation in and on the .""9 A yet-unrealized goal of the Act is to eliminate the dis- e of pollutants into the waters of the United States.'2D The Corps ~p A have a legitimate role to play to support water usage by the : through control of point and non-point sources. Such controls an "incidental effect" on water usage because they require ex- lures for control or treatment before water may be discharged to the stream after use. . See Laitos, Assault on the Citadel, Part //: Dams, Diversions and Water Quality Regulations, I. LAW. 2003 (1988); Kassen, supra note 13. Remarks of Sen. Wallop, supra note 92. at 39,212. Martz, The Groundwater Resource, in WATER AND THE AMERICAN WEST, supra note 14, at See Hobbs & Raley, supra note I, at ~~ 24.02[3], 24.04[1]. 33 U.S.c. ! 1251(.)(2) (1982). [d. ! 1251(.)(1).