Clean Waters Act NPDES Water Transfer Issue - The Implications for the Water Supply and Water User Communities
American Bar Association Section of Environment, Energy and Resources
September 20, 2008
Lawrence R. "Larry" Liebesman- Washington
The Clean Water Act ("CWA") prohibits the "discharge of any pollutant" into waters of the United States, except as otherwise authorized under the Act. The National Pollutant Discharge Elimination System ("NPDES") permit program regulates point-source discharges of pollutants into waters of the United States. The issue of whether water transfers are subject to NPDES permit requirements has been surrounded by considerable controversy. The question is of considerable concern to the water supply and user communities because trans-basin transfers of water from one water body to another for municipal, agricultural, and commercial purposes, among other activities, is essential for meeting these needs.
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