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<br />Martin Reservoir in Colorado that the compact requires
<br />be promptly applied to beneficial use were instead being
<br />stored downstream by Kansas in Lake McKinney.
<br />Colorado aiso alleged that ground water depletion from
<br />pumping along the river in Kansas reduced flows and
<br />increased calls for reieases from John Martin Reservoir.
<br />
<br />In late July, the Special Master recommended that
<br />the Supreme Court find that Colorado had violated the
<br />compact due to post-compact development of wells
<br />along the river. However, he recommended that the
<br />court find Kansas had failed to prove Colorado's winter
<br />storage program violated the compact. The Special
<br />Master had earlier recommended dismissal of Kansas'
<br />allegation concerning operation of Trinidad Reservoir
<br />and of both Colorado's counterclaims related to releases
<br />from John Martin Reservoir and pumping of wells in
<br />Kansas. If Kansas prevails on the liability issue, then the
<br />Supreme Court is expected to remand the case to the
<br />Special Master for recommendations with respect to
<br />remedies, including compensation for past violations by
<br />Colorado and means of preventing future violations.
<br />Early litigation between Colorado and Kansas over the
<br />flows of the Arkansas River led to development of the
<br />Supreme Court's equitable apportionment doctrine, and,
<br />according to John Draper, Counsel of Record for
<br />Kansas, the present case will resolve important
<br />questions about compact interpretation and application.
<br />
<br />WATER RESOURCES/ENVIRONMENT
<br />
<br />Yakima River Basin/Flsh and Wildlife
<br />
<br />Earlier this month, the Congress authorized the
<br />Yakima Enhancement Project in the State of Washington
<br />to protect, mitigate and enhance fish and wildlife by
<br />improving water management, streamflows, and water
<br />quality, as well as protect and create wetlands and other
<br />appropriate habitat. However, it is also designed to
<br />Improvp. the reliability of water supplies for irrigation and
<br />promote water conservation with savings of not less than
<br />40,000 acre-feet of water per year within four years,
<br />110,000 acre-feet of water within eight years, and the
<br />. dedication of half that amount to irrigation purposes.
<br />Moreover, the Act provides for development of an
<br />irrigation demonstration project on the Yakima Indian
<br />Reservation utilizing water savings.
<br />
<br />State and federal efforts to provide more water in the
<br />Yakima Basin for instream and offstream water needs
<br />began in eamest following the 1977 drought. Improved
<br />fish passage facilities were authorized and installed in
<br />
<br />1984, but efforts to authorize two new large storage
<br />reservoirs failed. The new blli authorizes $100M for a
<br />water conservation program: $65M in federal money
<br />matched by $35M divided equally between state and .
<br />local entities. Expenditures by the Bonneville Power
<br />Administration on fish and wildlife are counted as non-
<br />federal cost sharing. The bill establishes a conservation
<br />advisory committee, and mandates preparation of a
<br />Basin conservation plan. The project is expected to
<br />require about 10 years to complete.
<br />
<br />Several weak salmon stocks in the Yakima Basin
<br />may be listed under the Endangered Species Act, and
<br />the project is designed to have a plan for recovery in
<br />place to head off federal or judicial mandates that could
<br />displace existing water uses. The bill amends the
<br />Yakima Basin Reclamation Project authorization to
<br />specifically include fish, wildlife and recreation as project
<br />purposes and to allow water to be stored, delivered and
<br />managed by the Bureau of Reclamation for these
<br />purposes. Target flows to protect fish are set, but vary
<br />depending on runoff and net saved water. About two-
<br />thirds of the anticipated water savings would go to
<br />Instream flows, with the remainder to otherwise help
<br />secure the Basin's water supply for the benefit of
<br />irrigation and fish and wildlife. The bill also authorizes
<br />the modification of a number of existing facilities to
<br />optimize flows and storage primarily for the benefit of
<br />fish. The Act specifically authorizes the acquisition of .
<br />water by lease or purchase on a voluntary basis to
<br />improve streamflows, especially in dry years. It also
<br />authorizes a fish habitat and passage improvement
<br />project on tributaries to the Yakima.
<br />
<br />WATER RESOURCES/ADMINISTRATION UPDATE
<br />
<br />Western Water Policy
<br />
<br />Although the Clinton Administraiion has appointed
<br />members to the Advisory Commission on Westem Water
<br />Resources, the Commission Ilas not received a charter,
<br />which is a prerequisite to doing business. Reportedly,
<br />Interior opposes an extension of the deadline for
<br />completion of the work of the Commission, which is
<br />October 1, 1995. Without an extension, a number of
<br />Commission members believe it will not be possible to
<br />adequately carry out their charge, given the scope of the
<br />issues to be addressed. The Commission's work is to
<br />be primarily staffed by the Deparment of Interior, with the
<br />assistance of other agencies (WSW #1 056), which are
<br />also to provide office space, furnishings and equipment.
<br />
<br />The WESTERN STATES WATER COUNCIL Is an organization of representatives appointed by the Governors .
<br />of member states. Alaska, Arizona, California, Colorado, Hawaii, Idaho, Nevada, New Mexico, North Dakota,
<br />Oregon, South Dakota, Texas, Utah, and Wyoming, and associate member states Montana, and Washington.
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