Clean Water Act

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CLEAN WATER ACT

Revised March 1999
Westlands' Position Statement

Westlands supports amendments to the Clean Water Act (CWA) that:

preserve the rights of states to regulate water allocation;
allow water users maximum flexibility to control non-point source pollution;
promote a reasonable and flexible wetlands regulatory program;
provide for monitoring programs to establish sound scientific data on agricultural drainage;
encourage flexible application of Clean Water Act "fishable and swimmable" criteria and water quality standards.

Issue Summary

The CWA of 1972 defined the government's current approach to water pollution control, and established a role for the federal government as the chief enforcer of national water quality programs.

Two primary strategies were used to improve water quality: (1) a federal construction grant program for wastewater treatment; and (2) requirements that all direct industrial and municipal discharges treat wastewater to technology based standards prior to releasing it into waterways.

The objective of the CWA was to restore and maintain the chemical, physical and biological integrity of the Nation's water. The CWA sought to eliminate the discharge of all pollutants by 1985 and, as an interim goal where possible to ensure that water quality is both "fishable and swimmable" by 1983. While those dates have passed, the goals remain and efforts continue to achieve those goals.

Congress enacted major amendments to the CWA in 1977, 1981 and 1987. Wastewater treatment grants were extended and fiscal responsibility was shifted to states and localities through a revolving loan fund. In addition, attention shifted to the control of toxic industrial pollutants and non-point sources of pollution (including farm and urban run-off).

Westlands' Impacts

Although Westlands is primarily an agricultural water delivery agency, the CWA could impact the District's water supply availability and pose some new administrative and operational challenges. For example:

Future amendments to the CWA could impact implementation of the CALFED Bay-Delta Program. Current and future EPA Clean Water Act-related management decisions on the Bay-Delta could have significant consequences for water supply reliability in our region.

Constructed conveyance facilities, like the San Luis Canal, should not be regulated to the extent they must achieve "fishable and swimmable" status.

Westlands water users are conducting numerous programs to control non-point source pollution. EPA's non-point source pollution efforts must be carefully coordinated with the State of California and local agencies. The water users must have the primary role for non-point source control under current law or future amendments to the CWA.
CWA amendments could provide authorization for research monies that assist both the government and water users in addressing agricultural drainage in the Central Valley. Moreover, flexible application of CWA mandates to our water system, including agricultural drainage, will be critical.

Current Status

Last year, the President announced a major new effort to cut pollution in the nation's waterways, proposing billions of dollars in new spending to protect rivers and lakes and reduce the threat from fish-killing microbes along the coasts. The wide-ranging package, which would cost $2.3 billion over five years if funded by Congress, would be the largest commitment of resources against water pollution since the passage of the Clean Water Act in 1972. Controlling non-point source pollution such as agricultural run off would be a major focus of the plan. New national water quality standards would be established for nitrogen and phosphorous C key plant nutrients found in fertilizers, sewage and animal waste. Monies would be made available to farmers and other property owners who participate in the new programs.

Talking Points for Westlands' Position

Any reauthorization of the CWA must preserve the ability of the State of California to regulate water allocation. The state should have maximum flexibility in developing watershed management programs.

The State of California, in conjunction with local agencies, should receive clear direction in the amendments on a comprehensive regional approach to wetlands preservation. Wetlands regulations must recognize the need for a reliable public water supply and must be administered in a reasonable and predictable manner. The State of California should be delegated with primary permitting authority under Section 404 because wetlands issues can best be addressed locally.

Amendments should provide for monitoring programs to develop sound data on agricultural drainage. The EPA should assist states in establishing such programs and implementing management practices that are technically and economically feasible.

Bodies of water dominated by recycled water or agricultural drainage should not be required to meet the stringent CWA criteria of "fishable and swimmable."

The State of California should have maximum flexibility in setting water quality standards regarding constructed conveyances.


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	CLEAN WATER ACT
	Revised March 1999 Westlands' Position Statement Westlands supports amendments to the Clean Water Act (CWA) that: preserve the rights of states to regulate water allocation; allow water users maximum flexibility to control non-point source pollution; promote a reasonable and flexible wetlands regulatory program; provide for monitoring programs to establish sound scientific data on agricultural drainage; encourage flexible application of Clean Water Act "fishable and swimmable" criteria and water quality standards. Issue Summary The CWA of 1972 defined the government's current approach to water pollution control, and established a role for the federal government as the chief enforcer of national water quality programs. Two primary strategies were used to improve water quality: (1) a federal construction grant program for wastewater treatment; and (2) requirements that all direct industrial and municipal discharges treat wastewater to technology based standards prior to releasing it into waterways. The objective of the CWA was to restore and maintain the chemical, physical and biological integrity of the Nation's water. The CWA sought to eliminate the discharge of all pollutants by 1985 and, as an interim goal where possible to ensure that water quality is both "fishable and swimmable" by 1983. While those dates have passed, the goals remain and efforts continue to achieve those goals. Congress enacted major amendments to the CWA in 1977, 1981 and 1987. Wastewater treatment grants were extended and fiscal responsibility was shifted to states and localities through a revolving loan fund. In addition, attention shifted to the control of toxic industrial pollutants and non-point sources of pollution (including farm and urban run-off). Westlands' Impacts Although Westlands is primarily an agricultural water delivery agency, the CWA could impact the District's water supply availability and pose some new administrative and operational challenges. For example: Future amendments to the CWA could impact implementation of the CALFED Bay-Delta Program. Current and future EPA Clean Water Act-related management decisions on the Bay-Delta could have significant consequences for water supply reliability in our region. Constructed conveyance facilities, like the San Luis Canal, should not be regulated to the extent they must achieve "fishable and swimmable" status. Westlands water users are conducting numerous programs to control non-point source pollution. EPA's non-point source pollution efforts must be carefully coordinated with the State of California and local agencies. The water users must have the primary role for non-point source control under current law or future amendments to the CWA. CWA amendments could provide authorization for research monies that assist both the government and water users in addressing agricultural drainage in the Central Valley. Moreover, flexible application of CWA mandates to our water system, including agricultural drainage, will be critical. Current Status Last year, the President announced a major new effort to cut pollution in the nation's waterways, proposing billions of dollars in new spending to protect rivers and lakes and reduce the threat from fish-killing microbes along the coasts. The wide-ranging package, which would cost $2.3 billion over five years if funded by Congress, would be the largest commitment of resources against water pollution since the passage of the Clean Water Act in 1972. Controlling non-point source pollution such as agricultural run off would be a major focus of the plan. New national water quality standards would be established for nitrogen and phosphorous C key plant nutrients found in fertilizers, sewage and animal waste. Monies would be made available to farmers and other property owners who participate in the new programs. Talking Points for Westlands' Position Any reauthorization of the CWA must preserve the ability of the State of California to regulate water allocation. The state should have maximum flexibility in developing watershed management programs. The State of California, in conjunction with local agencies, should receive clear direction in the amendments on a comprehensive regional approach to wetlands preservation. Wetlands regulations must recognize the need for a reliable public water supply and must be administered in a reasonable and predictable manner. The State of California should be delegated with primary permitting authority under Section 404 because wetlands issues can best be addressed locally. Amendments should provide for monitoring programs to develop sound data on agricultural drainage. The EPA should assist states in establishing such programs and implementing management practices that are technically and economically feasible. Bodies of water dominated by recycled water or agricultural drainage should not be required to meet the stringent CWA criteria of "fishable and swimmable." The State of California should have maximum flexibility in setting water quality standards regarding constructed conveyances.