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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2567 Referred in Senate (RFS)]

104th CONGRESS
  2d Session
                                H.R. 2567

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 24, 1996

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT

 
To amend the Federal Water Pollution Control Act relating to standards 
                   for constructed water conveyances.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Constructed Water Conveyances Reform 
Act of 1995''.

SEC. 2. CONSTRUCTED WATER CONVEYANCES.

    Section 303(c)(2) of the Federal Water Pollution Control Act (33 
U.S.C. 1313(c)(2)) is amended by adding at the end the following:
                    ``(C) Standards for constructed water 
                conveyances.--
                            ``(i) Relevant factors.--If a State 
                        exercises jurisdiction over constructed water 
                        conveyances in establishing standards under 
                        this section, the State shall consider any 
                        water quality impacts resulting from any return 
                        flow from a constructed water conveyance to 
                        navigable waters and the need to protect 
                        downstream uses and may consider the following:
                                    ``(I) The existing and planned uses 
                                of water transported in a conveyance 
                                system.
                                    ``(II) Management practices 
                                necessary to maintain the conveyance 
                                system.
                                    ``(III) Any State or regional water 
                                resources management and water 
                                conservation plans.
                                    ``(IV) The intended purposes for 
                                the constructed conveyance.
                            ``(ii) Relevant uses.--If a State adopts or 
                        reviews water quality standards for constructed 
                        water conveyances, it shall not be required to 
                        establish recreational, aquatic life, or fish 
                        consumption uses for such systems if the uses 
                        are not existing or reasonably foreseeable or 
                        the uses interfere with the intended purposes 
                        of the conveyance system.
                            ``(iii) Statutory construction.--Nothing in 
                        this subparagraph shall be construed to require 
                        a State to exercise jurisdiction over 
                        constructed water conveyances in establishing 
                        standards or to prohibit a State from 
                        considering any relevant factor in establishing 
                        standards or from establishing any relevant 
                        use.
                            ``(iv) Constructed water conveyances 
                        defined.--In this subparagraph, the term 
                        `constructed water conveyance' means a manmade 
                        water transport system constructed for the 
                        purpose of transporting water for agricultural 
                        purposes or municipal and industrial water 
                        supply purposes in a waterway that is not and 
                        never was a natural waterway.''.

            Passed the House of Representatives January 23, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
```