7812

• UCREFRP Catalog Number: 7812
• Author: Many
• Title: Rivers, Studies in the Science, Environmental Policy, and Law of Instream Flow
• USFW Year: 1990
• USFW - Doc Type: Rivers
• Copyright Material: YES

projects that are isolated or operated remotely the reliability of the monitoring equip-
ment is questionable. Our office has been informed that the FERC Compliance Division
has notified licensees of noncompliance with minimum flow requirements and issued
warnings of potential fines. This creates an additional burden of proof for the operating
entity in maintaining ongoing, quality reporting capabilities. In one instance, a mon-
itoring station was covered by several feet of snow. Obtaining data on a continuous
basis to document minimum flow releases was impossible due to inability to access the
site. In this case, FERC modified the continuous reporting requirements notification.
Nevertheless, the increasing regulatory and recordkeeping process is an additional cost
that may or may not be allowed by state public service commissions to be distributed
to the electric consumer, and, thus, raises questions as to whether "all the work" is cost
effective.
On the other side of the issue, the environmental concerns regarding the need for
minimum flows are becoming more important to the general public in the United States.
Citizens are becoming more environmentally aware of the effects of human influence
on the environment. The preservation of wetlands is one such example of increased
awareness and emphasis at both federal and state levels. President Bush has established
an interagency task force to develop a plan for implementing a "no net loss" of wetlands
policy (Executive Order No. 11990).
The development of a hydropower facility often will affect wetlands to some extent.
Filling of wetlands is covered by the U.S. Army Corps of Engineers (Corps) 404 per-
mitting process. Consequently, the hydropower developer is subject to compliance
with additional conditions imposed by the permitting branch of the Corps. Other Federal
agencies also are charged with implementing federal wetlands protection programs.
The Interagency Task Force is examining the definition of wetlands, alternative methods
for calculating "no net loss," and the use and standards for judging the adequacy of
proposed mitigation. The costs associated with wetland mitigation plans may have an
increasing impact on future feasibility studies.
Waterfowl management is also an area of increasing concern, particularly in reservoirs
located along flyways. For example, the Kaw Hydropower Project located near Ponca
City, Oklahoma, has been developed at an existing Corps of Engineers flood control
reservoir. In recent years, a waterfowl management plan was developed at this project
that requires strict control of the reservoir level during the period mid-July through
October. Millet and wheat are sown on shore areas exposed after lowering the reservoir
about 1.5 feet below the conservation pool in mid-July. As the crop grows, the reservoir
level is slowly allowed to rise to the conservation pool level. The inundated vegetation
provides excellent feeding areas for migrating waterfowl. However, increased benefits
can be made available to the new hydroelectric generating facility if a designated storage
can be added for hydropower production. Such storage, though, would inundate these
designated lands and, as such, mitigation would be required in the form of berms and
the purchase of additional lands to create new wetlands. Although mitigation costs
appear to be economically feasible, it is unsure that approval will ever be obtainable
from the resource agencies.
Minimum flow requirements can also affect upstream recreation facilities. A constant
release of water from a reservoir may reduce the upstream pool to a level that can
impact boat docks and depth of water for recreational purposes such as sailing, fishing,
or waterskiing. Therefore, achieving a balance between instream flow and reservoir
related recreation, even in the absence of hydropower development, appears to be a
challenge.
Another concern that must often be addressed is the conflict between water rights
and minimum flow releases. Riparian rights for municipalities or purchasers of water
rights for use of water supply and power plant cooling water may be preempted if
designated storage for these water rights is affected by a mininum flow requirement.
Competing water uses will create a need for environmental management and a priority
or allocation procedure to divide the available water.
In the arena of hydropower generation, the Federal Energy Regulatory Commission,
'N- 4 Rivers • Volume 1, Number 1 January 1990