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<br />~ <br />o <br />o <br />0) <br /> <br />. <br /> <br />4)' damage may be irreversible. . ., and 5) legal standards of 'reasonable' <br /> <br />(damages) are notoriously vague. " <br /> <br />. <br /> <br />It is very difficult to see now an effective damage suit could be brought <br /> <br />by so many damaged parties against so many prior users. Besides, as <br /> <br />argued earlier, the damages created by the return flows are not an <br /> <br />. <br /> <br />intentionally harmful act by the irrigators, but an accepted consequence <br /> <br />of irrigation that is s3.nctioned by established water rights, interstate <br /> <br />. <br /> <br />water compacts, and international treaty. It appears that if litigation is <br /> <br />to be utilized, it will not be in the form of a suit brought by a private water <br /> <br />user against another private user. Rather, it will be one state suing <br /> <br />. <br /> <br />another or an agency of government, such as the Environmental Protection <br /> <br />Agency, bringing suit because of violations of standards. <br /> <br />Quality Standards. The imposition of quality standards might take <br /> <br />. <br /> <br />many forms as they are translated into rules governing private behavior. <br /> <br />Licenses or permits could be issued by a water authority that would allow <br /> <br />. <br /> <br />water to be used in certain ways and in specified quantities that conduce <br /> <br />to better water quality. If some uses or users are particularly offensive <br /> <br />in the maintenance of optimal quality, they may be prohibited completely <br /> <br />. <br /> <br />or tightly controlled. Sanctions in the forms of heavy fines or los s of <br /> <br />water rights can be levied on users who break the rules and violate the <br /> <br />. <br /> <br />standa rds. <br /> <br />The setting of quality standards with the enforcement of effluent <br /> <br />limitations under a permit program is to the states and the Environmental <br /> <br />. <br /> <br />14 <br /> <br />. <br />