Legal Requirements
In the United States, the National Marine Fisheries Service, a division of NOAA, mandates positive-barrier fishscreens in most new diversions from waterways where endangered or threatened fish species occur. Some existing unscreened diversions whose construction pre-dates fish-screen mandates are allowed to continue operating by grandfather rule.
The U.S. Clean Water Act requires EPA to issue regulations on industrial cooling water intake structures. The agency issued final regulations for new facilities in 2001 (amended 2003). Other EPA regulations for existing facilities were challenged in litigation and EPA published new proposed regulations in April 2011.
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