Impact of Water‐Quality Policies on Water Availability

Water‐quality policies for protection of the nation's water resources stem from federal legislation known as the Clean Water Act (CWA), which has evolved over the past 40 years. The CWA establishes nationwide water‐quality policies and goals, along with programs to control discharge of pollutants. However, Sections 302 and 303 requiring establishment of water‐quality standards (WQS) for all water bodies, and Section 404 “dredge‐and‐fill” permits, affect water availability and allocations under state permits. A review of case studies in the 1980s shows that water availability is directly impacted by CWA Section 404 permit requirements, and indirectly by the CWA linkage to compliance with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). Nationwide water‐quality policies, which were initially directed at polluters, have been expanded through the evolution of the CWA, along with implementing regulations and court decisions to now provide for a federal regulatory framework that controls water allocations for beneficial uses and projects for development of water resources. The experience of the 1980s provides a basis for modifying federal water‐quality statutes to reduce potential conflicts with water allocation and availability.