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Last modified
1/26/2010 4:14:24 PM
Creation date
10/12/2006 5:28:57 AM
Metadata
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Template:
Water Supply Protection
File Number
8021
Description
Section D General Correspondence - Western States Water Council
State
CO
Basin
Statewide
Date
1/7/1994
Author
Western States Water
Title
Western States Water 1994 - Issues 1025-1076
Water Supply Pro - Doc Type
Publication
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<br />operations (WSW #1051). In this context, the Mineral <br />Policy Center has issued a report that allegedly <br />documents western state governments' "...failure to <br />protect rivers, streams and underground aquifers from <br />mining-caused contamination and pollution." On the <br />other hand, a report recently prepared by S.Barringer, <br />of Holland and Hart for the Mineral Water Resources <br />Alliance, entitled "Survey of Ground-Water Protection <br />Programs in the Western United States," concluded <br />that each of the 13 western states surveyed has <br />enacted ground-water quality programs which govern <br />mine operations. It found that "no mining operation <br />on public or private lands can escape state <br />requirements controlling discharges to ground water." <br /> <br />Safe Drinking Water Act <br /> <br />Since Senate approval of a bill reauthorizing the <br />Safe Drinking Water Act (WSW #1045), House debate <br />has stalled over drin.king water contaminant standards. <br />Two months of debate in the House Energy and <br />Commerce Committee has reportedly generated an <br />agreement on a method for setting standards. But <br />sharp divisions on standards for radon, arsenic and <br />sulfates, which are still under intensive EPA study, <br />threaten to preclude a bipartisan bill this Congress. <br /> <br />P ATIONS <br /> <br />The Idaho Code Commission recently published an <br />extensive supplement to the Idaho water code <br />incorporating changes made by the Idaho legislature <br />from 1991 through 1994. The supplement contains <br />provisions for a comprehensive state water plan and <br />for interim designation of protected rivers, and <br />promoting and encouraging ground-water recharge <br />projects. It also contains provisions for expedited <br />approval of minor water uses of .short duration and for <br />emergency transfers during drought conditions. New <br />procedures for water rights adjudication and <br />dist;ibution are covered, including changes in point of <br />diversion or place, period or nature of water use. The <br />supplement also contains new provisions governing <br />operations of irrigation districts and local improvement <br />districts. <br /> <br />Several provisions pertain to the Snake River Basin <br />Adjudication (SRBA). They extend the moratorium on <br />appropriations from the Snake River and its tributaries <br />and the waivers of state water law to allow flows for <br />salmon. <br /> <br />New provisions find that accomplished transfers <br />representing a continuation of historical water use <br />patterns are in the public interest, and "waive the <br />mandatory permit requirements for...enlargements in <br />use prior to the commencement of a general <br />adjudication, so long as such enlargements of use did <br />not increase the rate of diversion of the original water <br />right or exceed the rate of diversion for irrigation." <br />Idaho's Supreme Court recently ruled these legislative <br />findings eliminate local public interest considerations <br />in determining the nature and extent of expanded or <br />changed water rights initiated prior to the SRBA. Also <br />citing the State legislature's lack of reference to the <br />public trust doctrine, the Court upheld the lower <br />court's ruling denying the conservation groups' motion <br />to compel consideration of the public trust doctrine in <br />the context of water appropriations. (WSW #1053) <br /> <br />. <br /> <br />Other provisions restoring the Idaho Department <br />of Water Resources' role as technical advisor (rather <br />than a party) to general adjudications also make the <br />Director's report prima facie evidence of water rights <br />acquired under state law. New sections further require <br />federal claimants to file directly with the court, give <br />notice to other parties and prove the validity of the <br />water rights claimed. These provisions are intended <br />to defray costs of processing federal claims, in <br />response to a 1993 U.S. Supreme Court ruling that <br />federal agencies are exempt from Idaho filing fees. <br /> <br />. <br /> <br />MEET1NGS <br /> <br />The Western States Water Council will hold its <br />115th meeting August 17-19 in Cody, Wyoming. The <br />schedule of meetings follows. <br /> <br />Wednesdav. Auaust 17 <br />Field Trip <br />Management Subcommittee <br />Clean Water Act Subcommittee <br />Endangered Species Act Subcommittee <br /> <br />8:00 a.m. <br />6:00 p.m. <br />7:00 p.m. <br />8:30 p.m. <br /> <br />Thursdav. Auaust 18 <br />Water Quality Committee <br />Legal Committee <br />Executive Committee <br />Water Resources Committee <br />Social Hour and Chuck Wagon Dinner <br /> <br />8:00 a.m. <br />10:15 p.m. <br />12:30 p.m. <br />2:00 p.m. <br />6:00 p.m. <br /> <br />Fridav. Auaust 19 <br />115th Quarterly Meeting <br /> <br />8:30 a.m. <br /> <br />. <br /> <br />The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors of <br />member states - Alaska, Arizona, Calnomia, Colorado, Hawaii, Idaho, Nevada, New Mexico, North Dakota, Oregon, <br />South Dakota, Texas, Utah, and Wyoming, and associate member states Montana, Oklahoma, and Washington. <br />
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