[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2566 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2566

   To amend the Federal Water Pollution Control Act to restore State 
   control over the allocation and granting of water rights and FERC 
  control over the licensing of hydroelectric projects, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           November 30 (legislative day, September 12), 1994

  Mr. Wallop introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Water Pollution Control Act to restore State 
   control over the allocation and granting of water rights and FERC 
  control over the licensing of hydroelectric projects, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    Section 1. (a) Section 101(g) of the Federal Water Pollution 
Control Act is amended to read as follows:
    ``(g) Authority of States over Water.--
            ``(1) The authority of each State to allocate quantities of 
        water within its jurisdiction shall not be superseded, 
        abrogated, or otherwise impaired by this Act.
            ``(2) Nothing in this Act shall supersede or abrogate 
        rights to quantities of water which have been established by 
        any State. Federal agencies shall co-operate with State and 
        local agencies to develop comprehensive solutions to prevent, 
        reduce, and eliminate pollution in concert with programs for 
        managing water resources.
            ``(3) Nothing in this Act authorizes the regulation of 
        quantities of water, or impairs or affects any right or 
        authority of a State with respect to the allocation of water 
        (including boundary waters) by such State.
            ``(4) Nothing in this Act authorizes an action which 
        impairs or affects any water right established by State law, an 
        interstate water compact, or a Supreme Court decree.
            ``(5) Nothing in this Act authorizes an action with respect 
        to other matters, including, but not limited to, aesthetics, 
        not directly related to water quality.''.
    Sec. 2. (a) Section 401(a)(1) of the Federal Water Pollution 
Control Act is amended by adding prior to the period in the first 
sentence the following: ``: Provided, That any such discharge will 
comply with narrative and numeric water quality criteria based on 
designated uses adopted in water quality standards under section 303 of 
this Act: Provided further, That such certification shall not regulate 
water use or water quantities''.
    (b) Section 401(d)(1) of the Federal Water Pollution Control Act is 
amended by adding ``narrative or numeric water quality criteria under 
section 303 (not including water use or water quantities),'' prior to 
``standard of performance'', and by adding ``related to such 
limitations, criteria or standards'' prior to ``set forth in such 
certification''.
    Sec. 3. Section 510 of the Federal Water Pollution Control Act is 
amended--
            (1) by striking ``(1)'';
            (2) by striking ``;'' through ``States''; and
            (3) by adding at the end thereof the following: ``Nothing 
        in this Act authorizes the regulation of quantities of water, 
        or impairs or affects any right or authority of a State with 
        respect to the allocation of water (including boundary waters) 
        by such State. Nothing in this Act authorizes an action which 
        impairs or affects any water right established by State law, an 
        interstate water compact, or a Supreme Court decree. Nothing in 
        this Act authorizes an action with respect to other matters, 
        including, but not limited to, aesthetics, not directly related 
        to water quality.''.
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