Union Calendar No. 208

104TH CONGRESS

1ST SESSION H. R. 2567

[Report No. 104–433]

A BILL

To amend the Federal Water Pollution Control Act

conveyances.relating to standards for constructed water

DECEMBER 21, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 208

104TH CONGRESS

1ST SESSION H. R. 2567

[Report No. 104–433]

To amend the Federal Water Pollution Control Act relating to standards

for constructed water conveyances.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 1, 1995

Mr. Condit (for himself and Mr. MATSUI) introduced the following bill; which

was referred to the Committee on Transportation and Infrastructure

DECEMBER 21, 1995

Additional sponsors: Mr. FAZIO of California, Mr. EMERSON, Mr. DOOLITTLE,

Mr. LAUGHLIN, Mr. STOCKMAN, Mr. DOOLEY, Mr. HAYES, and Mr.

HAYWORTH

DECEMBER 21, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on November 1, 1995]

A BILL

To amend the Federal Water Pollution Control Act relating

to standards for constructed water conveyances.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Constructed Water Con3 veyances Reform Act of 1995’’.

4 SEC. 2. CONSTRUCTED WATER CONVEYANCES.

5 Section 303(c)(2) of the Federal Water Pollution Con6 trol Act (33 U.S.C. 1313(c)(2)) is amended by adding at

7 the end the following:

8 ‘‘(C) STANDARDS FOR CONSTRUCTED WATER

9 CONVEYANCES.—

10 ‘‘(i) RELEVANT FACTORS.—If a State

11 exercises jurisdiction over constructed water

12 conveyances in establishing standards under

13 this section, the State shall consider any

14 water quality impacts resulting from any

15 return flow from a constructed water con16 veyance to navigable waters and the need to

17 protect downstream uses and may consider

18 the following:

19 ‘‘(I) The existing and planned

20 uses of water transported in a convey21 ance system.

22 ‘‘(II) Management practices nec23 essary to maintain the conveyance sys24 tem.
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1 ‘‘(III) Any State or regional

2 water resources management and water

3 conservation plans.

4 ‘‘(IV) The intended purposes for

5 the constructed conveyance.

6 ‘‘(ii) RELEVANT USES.—If a State

7 adopts or reviews water quality standards

8 for constructed water conveyances, it shall

9 not be required to establish recreational,

10 aquatic life, or fish consumption uses for

11 such systems if the uses are not existing or

12 reasonably foreseeable or the uses interfere

13 with the intended purposes of the convey14 ance system.

15 ‘‘(iii) STATUTORY CONSTRUCTION.—

16 Nothing in this subparagraph shall be con17 strued to require a State to exercise juris18 diction over constructed water conveyances

19 in establishing standards or to prohibit a

20 State from considering any relevant factor

21 in establishing standards or from establish22 ing any relevant use.

23 ‘‘(iv) CONSTRUCTED WATER CONVEY24 ANCES DEFINED.—In this subparagraph,

25 the term ‘constructed water conveyance’
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1 means a manmade water transport system

2 constructed for the purpose of transporting

3 water for agricultural purposes or munici4 pal and industrial water supply purposes

5 in a waterway that is not and never was a

6 natural waterway.’’.