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... ~ -5- Paul L. Billhymer, general counsel, Upper Colorado River Commission, in a July 12 memorandum analyzing the civil Action by EDF, said plaintiff's claim may raise the question of economic theories, but it does not demon- strate that the choice made as to the discount rate is illegal or arbitrary and that the regulation does not violate the 1936 Flood Control Act, as the Act does no more than say benefits must exceed the costs before Congress should consider the project for federal aid. "This is a policy declaration and it should be pointed out that Congress is always in control of the authorization process and that plaintiff's claim may be a valid argument against authorization in a Congressional Com- mittee hearing, but it hardly gives rise to an enforceable right. "Even though we view the allegations as broad statements of vague claims, this complaint should not be taken lightly as it amounts to a serious attack on water resource development by using the courts to con- trol the method of making administrative evaluations," Billhymer said. Felix L. Sparks, director of the Colorado Water Conservation Board, speaking at a recent meeting of the Board, deplored any action which would excessively increase the discount rate on water projects. He specifically objected to requests that discount rates be increased to ten percent as the lawsuit would imply. Sparks also deplored any action which would eliminate the grandfather clause by imposing a ten percent discount rate on projects already authorized in Colorado. "This would only serve to wash them out," he said. IvaI V. Goslin, executive director of the Upper Colorado River Commission, offered the suggestion that responsible resource agencies and authorities in each of the fifty states consider petitioning to intervene in this lawsuit in support of the defendants. ~'\:l \J ~, ~.~ '.... ~, COAL-FIRED POWER PLANTS INVOLVED IN CONFLICTS COAL-FIRED POWER PLANTS are being increasingly subjected to a