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<br />~.. ",_..d for dcIivcry by <br /> <br /><:-..t_ Bill BndIey, <laaimuPa <br />Sulin- .11.... 011 W.uz IIIId plJM% <br />('~..- OD Ear:I'gy IIIId Natural RcIourocs <br /> <br />Wcstcm States W.uz CoDDci1 <br />April12, 1991 - W_h;"gl...... D.C. <br /> <br />. . . <br /> <br />Good morning. I would like to thank Craig Bell for inviting me to appear before you. The <br />Western States Water Council is an important organization with a great deal of credibility on matters of <br />water policy. It is a privilege to join you today and to have a chance to discuss some issues which <br />con=n us all <br /> <br />From a quick glance at your conference schedule, I gather that at least a few of you may be <br />interested in certain questions related to hydroelectric licensing. <br /> <br />Next week, the Comminee on Energy and Natural Resources will begin mark-up on S. 341, the <br />national energy strategy legislation introduced by Chairman Johnston and Senator Wallop. As you may <br />know, the first topic raised at mark-up will be renewable energy resources, including hydroelectric <br />power. <br /> <br />I understand that Senator Craig intends to offer the text of S. 106 as a proposed amendment. S. <br />106 is, of course, Senator Craig's bill designed to overturn the Supreme Court's decision in the Rock <br />Creek case. Given that each of the States represented on the Western States Water Council supported <br />what turned out to be the losing side in that case, I assume that your States may support Senator Craig's <br />legislation. <br /> <br />Let me explain how I come out on this issue. To begin with, I do not endorse the view that the <br />Federal Energy Regulatory Commission should be empowered to disrupt the legitimate authorities of the <br />States to administer their water laws. FERC does not have a monopoly on wise public policy, nor does <br />FERC have the experience and understanding of local conditions and concerns that the States ,have. <br />The licensing or relicensing of virtually any hydroelectric facility raises issues of vital State-level concern <br />and responsibility, and the States must be able to protect those interests. <br /> <br />It is also true, however, that tbe licensing or relicensing of many bydroelectric facilities will raise <br />questions of genuine national concern, including international and interstate issues, migratory fish and <br />wildlife, and Indian rights. I think it is beyond serious argument tbat tbe Federal government bas a <br />legitimate responsibility to anend to these maners. <br /> <br />That, in a nutshell, is the perspective I bring 10 this question. Neither ardent States' rights nor <br />absolute Federal supremacy. There are legitimate concerns and prerogatives at eacb level of government <br />which should be protected in the hydroelectric licensing process. <br /> <br />I am told that many of you do not think that the current process adequately protects the States' <br />concerns and prerogatives. Many eastern States and members of the environmental community agree <br />with you. If there's a problem, let's fix it. I am prepared 10 support legislation which would strike a <br />reasonable balance between the two reservoirs of sovereignty. For example, I have encouraged efforts <br />by the Energy Comminee staff to work out an amendment to S. 341 which would establish a means of <br /> <br />1 <br />