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Western States Water Council Full Council Minutes Seattle, Washington July 15, 2005 . There is intense competition for new water in the Columbia Basin. We've had to ask, "Can we issue new rights?" "Is it completely appropriated?" After 20 years of discussion, we asked the National Academy of Science (NAS) to study these questions, but we got ambivalent answers. However, the study found that more July and August diversions would harm species listed under the federal Endangered Species Act (ESA). Under our Governor's Columbia River Initiative, we have searched for solutions. One alternative is to pay Canada to release water in the summer from storage in the Upper Basin, which could then be divided between fish and off- stream use. "Is it good for everybody? Everybody hates it." The Columbia River System is an international watershed. The NASobserved that the states and provinces need to get together. Washington has a 1970 legislative policy to maintain base flow for instream use - fish, navigation, water quality - which is treated just like any other water right. But is a relatively junior water right that doesn't affect more senior water rights. We are now trying to meet those target flows. We've asked watershed groups to help us review those flows and how best to meet our targets. We also have to address water needs for CW A total maximum daily loads (TMDLs), ESA, and irrigation demands. We have had some success in some watershed groups. To be successful, you need everyone to stay at the table, especially tribes. The watershed groups "can do this, but not with DOE approving . each and every decision." DOE looking for ways to give groups the flexibility they need to implement agreements, which include voluntary shortage sharing, contrary to the principles of the Appropriation Doctrine. We have .set 16 new instreamflows. We have to take "bad paper" out of the system [water rights that are not valid] and we need data on water use. Water storage is a priority for the state, and Governor Gregoire is tired of planning for storage. She's said, "I want to build some." One proposed multiple purpose reservoir is the $4 billion Yakima Black Rock Project. It is controversial, but it also has a lot of support. There are other smaller possibilities, including alternatives to main channel, fish blocking dams. Lastly, we need money, and to get it we'll have to take it to the people. To fund multipurpose storage projects, we'll need a bond issue for identifiable purposes. "We can't do it without more resources. " Questions & Answers Craig Bell asked about what seems to be the difference between watershed group success stories and failure. Mr, Manning observed it is sometimes a mystery, but personalities have a lot to do with it. Also, watershed groups have succeeded where tribes stayed at the table. In other cases the tribes have walked, with their reserved rights, saying we're not going to play. . 4