Full Description

Federal deference has changed considerably with actions such as the federal reserve rights decisions and expanded regulation by EPA and the Corps of Engineers, under Section 404 of the federal Clean Water Act. This paper will consider this challenge to state water rights and some of the other challenges to the ability to maintain water yield when developing a water supply project by providing an overview of relevant legal provisions, focusing on the federal Clean Water Act, reviewing the question of federal deferral to state decisions for water rights; and looking at the recent section 401 decision by the US Supreme Court authorizing the State of Washington's imposition of water rights conditions. This paper will then review the two high profile vetoes by EPA of water supply projects, the Ware Creek project in James City County, Virginia, and the Two Forks Project in Metropolitan Denver, Colorado, and will provide practical suggestions and lessons for future permitting efforts. Some of these suggestions include: education, identifying stakeholders, and developing specific criteria.

Product Details

Published: 01/01/1995 ISBN(s): 0898678315 Number of Pages: 9File Size: 1 file , 370 KB