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<br />underlying purpose of making their reservations
<br />permanent homelands, is a manifestation of the tribes'
<br />authority to make full use of their vested property
<br />rights by putting such rights to use on the reservations
<br />or marketing them off-reservation in order to obtain the
<br />highest economic benefit."
<br />
<br />The draft rule anticipates, but does not address,
<br />questions on deferral agreements and direct leasing or
<br />banking and monitoring of water entitlements.
<br />Comments will be invited on the viability and legality of
<br />transactions allowing an entitlement holder to agree
<br />"to limit its water use for a period of time 50 as to
<br />ensure increased water deliveries to junior entitlement
<br />holders." Interior has yet to determine whether such
<br />a deferral arrangement could "effectively and
<br />appropriately be characterized as a beneficial
<br />consumptive use for decree accounting purposes."
<br />
<br />Another major provision relates to criteria for
<br />evaluating water conservation plans to assure all
<br />entitlement holders employ reasonable conservation
<br />practices. Criteria attached as an appendix to the
<br />draft regulations present both structural and non-
<br />structural approaches to improve water management.
<br />
<br />The draft also provides for the assessment of fees
<br />to cover costs of services provided to the Lower Basin.
<br />Among the proposed fees is a general user fee to
<br />cover ongoing activities, inCluding maintaining
<br />waterways and diversion facilities, scheduling water
<br />deliveries, and monitoring and forecasting water
<br />demand and use. Prior to establishing or revising the
<br />fee, Reclamation will publish notice in the Federal
<br />Register and consult with entitlement holders.
<br />
<br />Questions may be directed to Mr. Dale Ensminger,
<br />Division of Water, Land and Power, Lower Colorado
<br />Regional Office, Bureau of Reclamation, P.O. Box
<br />61470, Boulder City, NV 89006-1470: (702) 293-8659.
<br />
<br />CONGRESSIONAL UPDATE
<br />
<br />Mining Refonn
<br />
<br />Bennett Johnston, Chairman of the Senate Energy
<br />and Natural Resources Committee, has submitted a
<br />marked version of the proposed mining bill which will
<br />serve as a starting point for the joint conference
<br />committee. It reforms the Mining Act of 1872,
<br />
<br />governing hard rock mining on federal lands.
<br />
<br />Under Sections 301, 302 and 303, a permit would .
<br />be required for any mineral activities that might cause
<br />more than a "minimal disturbance," defined as a
<br />"minor, short-term alteration of the environment." An
<br />permit would be required before exploratory work is
<br />performed, documenting that exploration complies with
<br />applicable federal and state environmental laws and
<br />regulations. Following discovery, application for a
<br />mining permit would document existing conditions of
<br />land and water resources in the area. Mining permits
<br />for areas in the National Conservation System (e.g.,
<br />national parks, wildlife refuges, wilderness areas)
<br />would be approved only if conditions can be impJosed
<br />to insure that protected values would not be
<br />significantly degraded by mineral development.
<br />
<br />Section 307 outlines operations and reclamation
<br />standards. It applies the best technology currently
<br />available (BTCA) standard to minimize adverse
<br />environmental impacts. It allows for case-by-case
<br />adjustment of BTCA. It also requires the Secretary to
<br />develop regulations "in close consultation" with States,
<br />giving "careful consideration to the comments of the
<br />States which are affected by such regulations." It
<br />directs the Secretary to adopt state standards and
<br />practices "to the maximum extent practicable," if they .
<br />meet or exceed the bill's standards. The Secretary
<br />must promulgate regional and site-specific standards
<br />accounting for differences in terrain, soils, vegetation,
<br />water resources, geology, climate, wildlife, and other
<br />relevant factors. The standards must address
<br />protection and reclamation of surface and ground
<br />water quality. If "mineral activities would have a
<br />substantial adverse effect on the water quality of a
<br />significant water resource that cannot be mitigated,"
<br />the Secretary would deny the permit.
<br />
<br />Finally, Section 309 requires the Secretary to enter
<br />cooperative agreements for joint administration upon
<br />states' request. It allows such agreements for
<br />abandoned mine land programs and non-federal
<br />lands. Lead agency status or joint permitting could be
<br />determined by agreement. States could inspect sites,
<br />monitor and enforce standards. The Secretary would
<br />be required to reimburse States for reasonable
<br />regulatory costs incurred. The bill also contains a
<br />savings clause stating that: "Nothing in this Act shall
<br />be construed as superseding any State law with
<br />respect to water quality."
<br />
<br />.
<br />
<br />The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors of
<br />member states - Alaska, Arizona, CalWomia, Colorado, Hawaii, Idaho, Nevada, New Mexico, North Dakota, Oregon,
<br />South Dakota, Texas, Utah, and Wyoming, and associate member states Montana, Oklahoma, and Washington.
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