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. Western States Water Council Full Council Minutes Sioux Falls, South Dakota May 4, 2007 purpose of the bill was misconstrued. A bill to require licensing of well drillers passed, but on legal review there was a problem with the definition of "contractor," and the governor vetoed it. He continued noting the Montana v. Wyoming lawsuit was in the U.S. Supreme Court. He added there is an intramural scuffle on the Big Horn over operation ofYellowtail dam. It's a fisheries argument. It's a local conflict, over water for Montana's tail water fishery below the dam and reservoir recreation and fishing in Montana and Wyoming. He reported that runoff is well below average in all Wyoming basins. Lastly, he noted a Seven Colorado River Basin States agreement had been signed. "It gives us all a little something, and we all give up something, for peace on the river. We'll see how coordinated operation of the reservoirs goes." Texas Weir Labatt reported Texas has just finished its 2nd iteration of its state water plan, which is a grassroots effort of 16 regions. The 50-year plan presented to Legislature recommends 19 reservoir sites, given a 50% increase in population and 27% increase in water needs. Dedication of the land is very contentious. Land owners and environmentalists are opposed to it. The Texas Legislature meets for 5 months every 2 years. There is a major need for legislation on environmental water flows. How much water should remain instream? How much for bays and estuaries? We're backing into these issues, as many permits are already issued. W have most of the data needed on bays and estuaries. Montana . Susan Cottingham praised Hal (as did most others), and welcomed John Tubbs as a new member. She noted the Montana Legislature has adjourned, but without a state budget. They couldn't decide how to . spend a surplus! The Legislature did approve four water rights compacts, including a USFS water rights compact signed by the Governor and Mark Rey, Under Secretary of the Department of Agriculture for Natural Resources and the Environment. It will take a lot of work to implement but the USFS can get instreamflows through a state process. It will also involve USDA's Agricultural Research Service (ARS) and Fish and Wildlife Service work. The Legislature provided $15 million for the Blackfeet settlement, which has yet to be approved, but perhaps will be in a special session. The Montana Reserved Rights Compact Commission is due to sunset in 2009, and is opposed to an extension. There is one more tribal settlement to complete. John Tubbs said he was honored to be named to the Council. He reported on state legislation (HB 831) to connect ground water and surface water in response to a state supreme court decision a couple years ago. It addresses any adverse effects of ground water development on surface water rights through recharge or mitigation from storage, etc. In Montana, we call "transfers" "changes." We're debating the tie between water quantity and quality. HB 304 is a Water Policy Interim Committee bill that for the first time in 20 years focuses on growth, ground water and surface water and exempt wells. Also, we hope to begin using state water planning authority for the first time in 15 years. We have a lot of federal compact priorities. We have key projects like the St. Mary's project. The Corps Water Resources Development Act would authorize rebuilding the Reclamation project on a Indian reservation, next to a National Park, on a river with international treaty obligations! WRDA also includes $40 million for a sturgeon rock ramp around a diversion dam. It's the first of its kind, and we'll see if they can swim up. . The climate preparedness and drought discussion is timely, as Montana is also experiencing record low reservoir levels at Ft. Peck. There are also Canadian issues over St. Mary and a huge concern with a coal mine on the Crown of the Continent in the Columbia Basin. It is a threat to Flathead Lake. Secretary of State Rice has expressed her opposition. He concluded saying they are looking forward to welcoming the Council to Bozeman in August. 13