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<br />1989] <br /> <br />WATER RIGHTS PROTECTION <br /> <br />The Riverside court was correct in turning down the irrigati <br />district's challenge to the Corps' site-specific permit jurisdiction. T <br />Callaway decision 162 and its aftermath-the determination of C( <br />gress in 1977 to keep the broad jurisdictional predicate of "waters <br />the United States" in connection with section 404--provide amI <br />support for the court's conclusion upholding the Corps in requirin! <br />site-specific permit application. However, environmental advocal <br />are mistaken if they interpret Riverside Irrigation as reading secti, <br />IOl(g) out of the Clean Water Act. 163 In National Wildlife Federati. <br />v. Gorsuch,!" the court construed section IOl(g) as expressing co <br />gressional "intent to minimize federal control over state decisions ( <br />water quantity." The Tenth Circuit repeated the District of Columc <br />Circuit's conclusion that, by adding section IOl(g) to the Clean Wat <br />Act, "Congress did not want to interfere any more than necessary wi. <br />state water management."165 This observation is best understo( <br />when read in the context of the long history of deference accorded I <br />the Congress and the United States Supreme Court to state wat, <br />law.166 <br /> <br />4. Preventing, Reducing, and Eliminating Pollution in <br />Concert With State Programs for Managing Water <br />Resources <br /> <br />Section IO I (g), if properly interpreted and implemented in tar <br />dem with other provisions of the Act, serves an important public pm <br />pose in the fullest sense of federalism. The key to reconciling qualit <br />and quantity is source control of pollutants, particularly toxic poilu <br />tants, 167 because a water right obtained under a state allocation systen <br />cannot serve its intended purpose if the quality of stream water di <br />verted is not suitable for beneficial use. Likewise, the important publi, <br />role of the federal and state governments in protecting the publi. <br />health and the environment cannot be attained in the absence of con <br /> <br />162. Natural Resources Defense Council Y. Callaway, 392 F. Supp, 685 (D.D.C. 1975). <br />163. The Tenth Circuit described section 101(8) as "only a general policy statement," which can <br />not nullify a specific grant of jurisdiction. Rivenide irrigation, 758 F.2d at 513. Herein lies a ((Uo <br />irony. The purpose of the Clean Water Act, aCCOrding to the very same section of the Act, is tt <br />"restore and maintain the chemical, physical, and biological integrity of the nation's waters." Thi: <br />language of general policy is utilized as the basis for EPA's antidegradation regulations and is heavil) <br />quoted by environmental advocates in water quality proceedings. Yet they ignore subsection (g) of the <br />same section. <br />164. 693 F.2d 156, 178 (D.C. Gr. 1982). <br />1M. Riverside Irrigation, 758 F.2d at 513. <br />166. See :supra part II. <br />167. See OFFICE OF WATER REOUI.ATJONS & STANDARDS, OfFICE OF WATER ENFORCEMENT <br />& PERMIT.... Ir.S FN"VTI 'PUnT"'''''''''''''''''' .......-.. ....- - .... <br />