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<br />Western States Water Council <br />Water Quality Committee <br /> <br />Washington, DC <br />March 28, 2006 <br /> <br />I. <br />I <br /> <br />Linda Boornazian: It's not that the ESA issues were associated with a discharge into <br />waters of the United States, which is what the NPDES program is really designed to avoid, it was <br />said that the construction activity would cause interruption to habitat. <br /> <br />Joan Card: That's right Linda. They were looking at terrestrial issues. <br /> <br />Linda Boornazian: We would like to get to a larger panel. <br /> <br />Joan Card: One of the potential outcomes of the 9th Circuit is that they would order us to <br />go back and reconsult and I think that is something that we would be discussing in a <br />reconsultation scenario. <br /> <br />Linda Boornazian: We could reauthorize, we could give partial.... There are many <br />different scenarios. <br /> <br />Robbi Savage: We were warned byNGA about the fee program. We didn't think it was <br />possible to implement fees, but I guess we'll see how it all turns out. <br /> <br />Stephen Bernath: If we have an adequate program, do we get more money? <br /> <br />. <br /> <br />Linda Boornazian: We did conduct the program where we have a good baseline for where <br />if there were any inadequacies, we have a good strategy. <br /> <br />Cindy Padilla: Do you have additional info about what that program would involve? <br /> <br />Linda Boornazian: We will be happy to work with you one on one. If you have the <br />authority to issue the permits, you may get less funding -- those are the kinds of things we will <br />work through. <br /> <br />Effluent DependentlDominated Waters <br /> <br />Brent Fewell: I will turn this over to Denise. <br /> <br />Denise Keehner: We briefed Ben Grumbles and Brent in February. This was in advance <br />of a meeting that brought groups together. The project around trying to.... These issues are not <br />new. A meeting was held in Las Vegas two years ago. The initial set of questions we were able <br />to answer were about 3 or 4. The remaining questions contained a large set of policy <br />interpretations. We found there were different perspectives on how to apply the standards. We <br />have convened a working group and the draft of the questions/answers document was subject to a <br /> <br />10 <br /> <br />. <br />