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<br />. <br /> <br />. <br /> <br />is radically different from using regulatory mechanisms to <br />accomplish this result -- Congress authorized the former, but <br />not the latter. Nowhere in Section 404 of the Clean Water <br />Act, or anywhere else in the Act, is there federal authority <br />to require minimum stream flows -- the language of Section <br />404 addresses the "discharge" of dredged or fill materials. <br />The legislative history demonstrates that the section was to <br />allow necessary channel activities while mitigating the effects <br />of using navigable waters as disposal site;. Conference Report <br />No. 92-1236, pp. 324-325, Vol. 1, Leg. Hist. of 1972 FWPCA. <br />Likewise, the Fish and Wildlife Coordination Act does not <br />contain or require a minimum stream flow or by-pass to be <br />provided by a water diverter. Mitigation is provided for, <br />only, with respect to federal projects and, then, only through <br />a recommendation to Congress for funding. Sec. 16 U.S.A. 662(b), <br />(c) and (d); Sierra Club v. Morton, 400 F.Supp. 610, 639 <br />(D.C. Cal. 1975). The National Environmental Policy is a <br />procedural act which informs federal agencies of environ- <br />mental impacts of proposed federal actions, not a substantive <br />act which prevents causing impacts. Strykers Bay Neighborhood <br />Counsel v. Karlen, 100 S.Ct. 497, 500 (1980), National Helium <br />Corporation v. Morton, 486 F.2d 995, 1003 (10th Cir. 1973). <br />The legislative history to the section 101(g) of <br />the 1977 Clean Water Act (the "Wallop amendment") states that <br />this section is not meant to change existing law, but to <br />"clarify it". Report. No. 95-830, p.236, Vol. 3, Leg. Hist. <br />of 1977 Clean Water Act. Existing law is that procedural and <br />substantive State law governs the right to quantities of water, <br />except in those limited instances where a federal reservation <br />operates to acquire rights to a certain quantity of water in <br />the United States, and, even in such instances, adjudication <br />of such federal rights occurs in State courts. Colorado <br /> <br />-9- <br />