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1989] WATER RIGHTS PROTECTION 8. agencies were directed to pursue national water quality and wetlan( protection programs in concert with state water quantity program Part II also examines the difficult balance between national wat, quality policy and the preservation and implementation of state wat, rights law. Part III focuses upon the elements and virtues of the most con mon method of water allocation in the arid West, the doctrine of pri( appropriation, and concludes that the state constitutional, statu tor: and judicial mechanisms already in place under this doctrine accon modate a broad spectrum of "public interest" values. This part als examines Colorado's effort to protect its water rights law in the COl text of water quality law. Part IV argues that even in the absence of section 10 I (g) prote< tions, any federal regulatory action under the Clean Water Act thE deprives a water right owner of any of the essential attributes of suc rights, as defined by state law, would constitute a taking and requir compensation under the federal constitution. The thesis of this article is that federal agencies exceed their stal utory authority if and when they attempt to utilize water quality regu lation for the purpose of allocating or reallocating appropriative wate rights from their intended beneficial use to instream or other values In view of section 10 I (g), the Corps and EP A must perform the task delegated to them under the Act in a manner that respects water right in concert with national water quality and wetlands protection regula tion. The 1977 Clean Water Act sets forth a framework offederalisn by which to reconcile these sometimes conflicting but vitally impor. tant public purposes. Attempts to use water quality and wetlands reg. ulation to promote the "new riparianism" are misplaced. I. THE 1977 CLEAN WATER ACT: AN EXERCISE IN FUNDAMENTAL FEDERALISM The Clean Water Act,n while a substantive breakthrough in na- tional environmental law, is nevertheless solidly rooted in federal law and history. When the Federal Water Pollution Control Act (FWPCA) Amendments24 were enacted in 1972, the Corps of Engi- neers and its supporters successfully argued for preservation of that agency's long-standing role in authorizing fills, an activity essential to carrying out federal, state, and local public and private projects such as dikes, dams, levees, diversion structures, and bridges. Given its en- 23. Pub. L. No. 95~217, 91 Stat. 1566 (1977) (codified as amended at 33 u.s,c. U 1251.1387 (1982 & Sopp. IV 1987)).