Practicable Alternatives Analysis Regarding Construction of Water Supply Reservoirs
Fetter, Patrick J.
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Local authorities, anxious to plan for projected water supply needs, have often relied on the construction of reservoirs on aquatic sites. Because reservoir construction on a watercourse requires the movement and placement of earth in and around the stream, a thorough "practicable alternatives" analysis under the Federal Water Pollution Control Act is required before the Army Corps of Engineers will issue a § 404 permit for the discharge of dredge or fill material into streams and adjacent wetlands. Failure to broadly review alternative water supplies can result in denial of an application for a § 404 permit.