As the Court pointed out, the most important forum for consideration of claims of infeasibility is the state agency which initially formulates the SIP.
Some states have only brief legislative sessions—as short as 30 calendar days this year in Virginia, and 45 in Utah— that leave little time for gimmickry.
Riparian landowners in all states (including those with appropriative water laws)generally have rights to use their adjoining surface waters for such nonconsumptive uses as fishing and recreation.