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<br />Orn56'! <br />WESTERN <br />TATES <br />ATER <br /> <br />. <br /> <br /> <br /> <br />THE WEEKLY NEWSLETfER OF THE WES1ERN STATES WATER COUNCIL <br /> <br />Creekview Plaza, Suite A-201/942 East 7145 So. 1 Midvale, Utah 84047 1 (801) 561-5300 1 FAX (801) 255-9642 <br /> <br />Chairman - Dave Kennedy; Executive Director - Craig Bell; Editor - Norm Johnson; Typist - Carrie Curvin <br /> <br />WESTERN STATES WATER COUNCIL <br /> <br />Quarterly Meetings <br /> <br />. <br /> <br />The 114th Quarterly WSWC meetings were held on <br />April 13-15, at the Edgewater Inn in Seattle. The <br />Council approved two external policy posttions and <br />amended an existing policy statement. The Council <br />modilied tts position on reauthorization of the Clean <br />Water Act (CWA) to endorse the concept of using risk <br />assessment and management in CWA implementation, <br />to call for $5B in annual appropriations for the state <br />revolving loan fund (SRF), and to request broad <br />authority for the federal government to deal wtth trans- <br />border areas. <br /> <br />. <br /> <br />The Council also approved a letter to Senator Max <br />Baucus (D-M1) commenting on S. 1114, to reauthorize <br />the CWA. It asserts that the bill's section on <br />watershed management is a posttive step, but is too <br />prescriptive in approac/'l, The letter suggasts changes <br />to improve this section, It endorses S. 1114 Section <br />602, clarifying that the state's scope of authority under <br />Section 401 to certify that any federally licensed <br />activity will . comply wtth water quality Standards <br />includes the protection, attainment and maintenance <br />of designated and existing uses included in the <br />standards. It calls for "state savings clause" language <br />to be added to CWA Section 510, and opposes the <br />presumptive applicability of federal water quality <br />crtteria. It suggests that S. 1114 be amended to <br />require that any federal promulgation of standards be <br />subject to replacement by state standards when those <br />standards are adopted, and opposes including ground <br />water quality crtteria in the CWA. It suggests that the <br />subsection of S. 1114 on outstanding natural resource <br />waters be replaced by language requiring each state <br />to designate, protect and maintain ONRWs. <br /> <br />The letter on S, 1114 also acknowledges that the <br />. "Reid Amendment" added to the bill concerning <br />intermittent and effluent-doniinated streams is a step <br />.in the right direction. It notes that the bill's provisions <br />on non-point source. pollution control .are overly <br />restrictive, and suggests ideas for improvement.. It <br />asserts qualilied support for S. 1114 Trtle VII, on <br />wetlands, noting that the bill could be enhanced by <br />greater emphasis on recognizing regional differences <br />in wetlands delineation and protection. It calls for SRF <br />capitalization at $5B annually, and notes that the EPA <br />Administrator's role in implementing.QWA programs <br />should be based on risk assessment and <br />management. The posttion asserts no conceptual <br />difficulty wtth according Indian tribes the same <br />opportunity as states to assume primacy over tribal <br />lands wtthin their reservations, but opposes language <br />in S. 1114 that could leave some areas wtthout <br />environmental protection. The posttion calls for a <br />. stronger role by the federal government in trans- <br />border issues. and requests protection from liability in <br />abandoned mine cleanup by creation of a "good <br />Samarttan" status. <br /> <br />The third posttion statement endorses a letter sent <br />by Western Attorneys General to Interior Solicttor <br />Leshy regarding the assertion of federal reserved <br />water rights for some wilderness areas (ytISWC <br />#1023). The letter is based on the premise that the <br />Untted States' earlier decision not to assert such rights <br />is legally and practically correct, and that the states <br />and the federal government should work together to <br />protect the values associated wtth wilderness areas <br />under state legal systems, <br /> <br />The Water Resources Committee reviewed a <br />number of issues and subcommittee reports. The <br />Council will complete by June a draft report for the <br />