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. WESTERN STATES WATER nUt:l?J JA0 October 28. 1994 Issue No. 1067 (; recycled paper conserves water THE WEEKLY NEWSLETTER OF THE WESTERN STATES WATER COUNCIL Creekview Plaza, Suite A-201/942 East 7145.So. IMidvale, Utah 84047 / (801) 561-5300 / FAX (801) 255-9642 . - Chairman - Larry Anderson; Executive Director - Craig Bell; Editor - Tony \VilIardson; Typist - Carrie Curvin L1TIGA TION/ENVIRONMENT Northwest Resource Information Center v. Northwest Power Planning Council I Salmon . The U.S. Ninth Circuit Court of Appeais last month remanded for reconsideration the Council's "Strategy for Salmon," in response to a suit brought by the Northwest Resource Information Center, the Yakima Tribe, and environmental groups. The three-judge panel held that the Council erred in tailing to justify its rejection of tribal and state fishery agencies' recommendations regarding biological objectives and increased river flows. The opinion states that the Council owes "heavy deference" to the expertise and recommendations of state and tribal. biologists in planning power operations for federal dams on the Columbia and Snake Rivers. But Northwest govemors endorsed the salmon strategy (WSW #1 038). . The Northwest Power Act (NPA) of 1980 directed the Council to create a program to "protect, mitigate, and . enhance" the fish and wildlife of the Columbia River . Basin "to the extent affected by the development and operation" of the Basin's hydropower system. However, the Act also provided that measures taken should not jeopardize "an adequate, efficient, economical and reliable power supply." Direct Service Industries (DSI), representing several aluminum and chemical manufacturers that purchase power directly from the . Bonneville Power Administration, filed a petition arguing that the Council's program and "Strategy for Salmon" had not properly weighed economic considerations. However, the court found that DSI had failed to produce any evidence that the salmon strategy would threaten the economy or reliability of the region's power supply. The court found the Council had subordinated the NPA's goals to the "lowest common denominator acceptable" to power and industrial interests. .::-,' :-.... Estimates that 8,400tieople losttheir jobs because . of the precipitous salmon. decline and commercial fishery closures led to a federai disaster declaration and $15.7 million promised in fishermen's aid (WSW #1 056). All salmon and sea-run trout runs in Washington, Idaho, California and Oregon are now being. reviewed for possible Endangered Species Act listing (WSW #1 048)... The Northwest Power Planning Council (Council) recently completed a review of recommendations for amendments to the measures in its Columbia River Basin Fish and Wildlife program relating to salmon and other anadromous fish. A public comment period is scheduled through mid-November, with a decision expected in December. For copies of the amendment recommendations or more information, call the Council at 1-800-225-3355. Ask for document number 94-42. LITIGAJ'IONIWATERRIGHTS Kansas v. Colorado On October 3,the Supreme Court accepted the .. report of Special Master Arthur Littleworth, in Kansas;v. Colorado, and called' for briefs on exceptions.. A decision is expected early next year. The waters of the Arkansas River were apportioned by a 1948 compact, requiring there be no material depletion of usable flows available to either state. Kansas brought suit in 1985 alleging violations of the compact due to: (1) post- compact ground water development along the river from Pueblo to the Colorado-Kansas stateline, where some 2000 wells now pump about 150,000 acre-feet of water annually; (2) operation of Trinidad Reservoir on the Purgatoire River contrary to principles adopted by the Arkansas River Compact Administration; and (3) Colorado's winter water storage program and use of Pueblo Reservoir to store irrigation water for summer use. Colorado counterclaimed that releases from John