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<br />after public notice and comments for a five year term.
<br />NWPs are the most widely used general permits. Of 40
<br />NWPs, NWP 26 was used frequently and "engendered
<br />considerable controversy and was the subject of
<br />litigation by the environmental community...." The
<br />validity of NWP 26 was also questioned by the National
<br />Academy of Sciences in a study requested by the
<br />Congress. Over the years, the maximum allowable
<br />acres impacted by activities authorized under NWP 26
<br />was reduced first from 10 acres to three acres, and now
<br />one-half acre. Davis testified, "As we developed the new
<br />NWPs we not only considered the need to improve
<br />environmental protection, we also considered the effect
<br />of such changes on the Corps workload and the
<br />regulated public.... [WJe are confident that the final
<br />changes...are needed and justified...provide...legal
<br />sustainability...and...greater certainty. There is no
<br />denying that the Corps workload Will increase..., perhaps
<br />on the order of 20 percent.... [T]he Corps predicts that
<br />the vast majority, over 85 percent, of Section 404
<br />activities will continue to be covered by general permits.
<br />In short, while the...workload will increase and without
<br />some additional funding program performance may be
<br />diminished, we believe that cleaner water, healthier
<br />habitat, and reduced damages from flooding are worth
<br />the costs." (See testimony at www.senate.gov/-epw).
<br />
<br />Davis also addressed the Corps' new administrative
<br />appeals process to provide landowners that believe they
<br />received unfair or adverse permitting decisions an
<br />opportunity for a hearing at a higher level, without the
<br />need for resorting to costly and time consuming lawsuits.
<br />A final rule for permit denials and declined individual
<br />permits was published on March 9,1999. The Corps FY
<br />2000 appropriations funded a one-step appeal process
<br />for jurisdictional determinations, and the Corps just
<br />published the revised final regulations on the same day
<br />as the hearing, March 28 (65 FR 16485-16503). Corps
<br />workload estimates are that 150 permit denials and
<br />5,000 wetland delineations will be appealed annually, at
<br />a cost of about $5 million, including eight Corps division
<br />appeals review officers and another 38 staff to support
<br />Corps district participation.
<br />
<br />WATER RESOURCES
<br />Water Supply Outlook
<br />
<br />As of April 1 , the National Oceanic and Atmospheric
<br />Administration's Colorado Basin River Forecast Center,
<br />located in Salt Lake City, has provided the following
<br />most probable streamflow forecasts by basin (as a
<br />percent of average) for April through July or September.
<br />
<br />Missouri River Basin - Big Hole 79%, Madison 87%,
<br />Gallatin 89%, Missouri 80%, Sun 90%, Marias 81 %, Milk
<br />
<br />OOOS91
<br />
<br />43%, Yellowstone 75-88%, Wind River 65%, Big Horn
<br />61 %, Greybull 65%, Shoshone 69%, Little Big Horn
<br />73%, Tongue 80-87%, North Fork Powder River 68%,
<br />Powder 54-63%, North Platte 80-104%, Sweetwater
<br />62%, Laramie 77%, South Platte 79-93%, Big
<br />Thompson 100-1.4%, and Cache la Poudre 95%.
<br />
<br />Pi
<br />~". -.~
<br />
<br />Arkansas River Basin - Arkansas 90-98%, Grape
<br />Creek 60%, Cucharas 108%, Purgatoire 95%, Huerfano
<br />93%, Vermejo 86%, Eagle Nest Reservoir 65%,
<br />Cimarron 60%, Mora River 47%, and Conchas 39%.
<br />
<br />Rio Grande Basin - Rio Grande 81% at the Rio
<br />Grande Reservoir Inflow in Colorado to 32% at San
<br />Marcial in New Mexico, Conejos River 59%, Culebra
<br />Creek 105%, Costilla Creek 96%, Red River 79%, Rio
<br />Hondo 75%, Rio Chama 46-50%, Rio Ojo Caliente 56%,
<br />Santa Cruz 66%, Santa Fe River 53%, Jemez 35%,
<br />Mimbres 44%, Pecos 62-74%, and Rio RuidosQ 39%,
<br />
<br />Colorado River Basin - Colorado River at Lake
<br />Branby, Colorado 103% to 85% at the inflow to Lake
<br />Powell, Eagle River 92%, Frying Pan 90%,Gunnison 85-
<br />94%, Uncompahgre 97%, Dolores 99-102%, San Miguel
<br />107%, Green River 82-94%, Big Sandy 81%, Yampa 94-
<br />110%, Little Snake 83%, Duchesne 61-71%, Strawberry
<br />85%, San Juan 56-61 %, Animas 86%, La Plata 92%,
<br />Mancos 100%, Little Colorado 11-17%, Zuni 0%,
<br />Cebolla 4%, Santa Clara 85%, Virgin 62-70%, Gila 21-
<br />37%, Salt 14%, Verde 52% and San Pedro 63%.
<br />
<br />(
<br />
<br />Great Basin - Bear 69-83%, Smiths Fork 78%, Cub
<br />68%, Thomas Fork 64%, Logan 84%, Blacksmith Fork
<br />72%, Weber 79-82%, Provo 70-77%, Jordan River 73%,
<br />Big Cottonwood Creek 89%, Little Cottonwood 100%,
<br />Dell Fork 86%, Beaver 81%, Coal Creek 73%, Sevier
<br />70-76%, Truckee 73-80%, Carson 66-78%, Walker 78-
<br />82%, Humboldt 71-85% and Martin Creek 83%.
<br />
<br />Coastal Basins - Williamson 94%, Sprague 85%,
<br />Upper Klamath Falls 89%, and Trinity 119%.
<br />
<br />Sacramento River Basin - Pit 102%, McCloud
<br />102%, Sacramento 105-111%, Feather 102-108%, Yuba
<br />102-106%, American 101-104%, and Silver Creek 95%.
<br />
<br />San Joaquin River Basin - San Joaquin 100%,
<br />Merced 100-105%, Tuolumne 101%, Stanislaus 101%,
<br />Mokelumne 95%, and Cosumnes 90%.
<br />
<br />Tulare River Basin - Kern 75%, Tule 77%, Kaweah
<br />90%, and Kings 91-95%,
<br />
<br />USDA's Natural Resources Conservation Service
<br />forecasts are not yet available (for April 1 ).
<br />
<br />The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors
<br />of Arizona, California, Colorado, Idaho, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma,
<br />Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, Alaska is an associate member state.
<br />
<br />.-- .:/"
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