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8/11/2009 11:32:57 AM
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UCREFRP
UCREFRP Catalog Number
8001
Author
Western Regional Instream Flow Conference.
Title
Proceedings, Western Regional Instream Flow Conference.
USFW Year
1992.
USFW - Doc Type
Oct. 2-3, 1992.
Copyright Material
NO
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for fish, wildlife, and recreation is legislative reform. Such <br />reform can come at either the state or federal levels. Let's <br />look first at the state level. <br />In a number of states, recreation and tourism have <br />assumed an unprecedented role in fueling the state <br />economy. With economic transformation comes momen- <br />tum to change the predominant sway that agriculture and <br />livestock grazing have held in water policy. It is now <br />common wisdom to predict a gradual increase in legal <br />recognition of instream-flow needs for fish, wildlife, and <br />tourism. <br />A number of strategies are available to accelerate legal <br />recognition of instream-flow needs for fish, wildlife, and <br />recreation. <br />First, resource valuation is now an accepted subdisci- <br />pline of economic analysis. To be successful, however, <br />resource valuation must look beyond immediate impacts, <br />such as increasing sales of fishing licenses and tackle, and <br />address secondary benefits to tourism and commerce on a <br />statewide or regional level. <br />Second, coalition-building among sometimes disparate <br />interests is an often necessary predicate to success in the <br />legislative arena. Effective participation in a coalition <br />requires that each coalition member know as precisely as <br />possible its desired outcome. Successful coalitions do as <br />much internal negotiation as they do external advocacy. In <br />the instream-flow context, coalitions involving Native <br />American tribes, conservation organizations, and recreation <br />interests are becoming increasingly prevalent. Some <br />problems remain, however. Whitewater rafters and fish <br />conservationists need to be more flexible and work harder <br />to overcome their differences. <br />Third, bear in mind that compensating losers is often <br />necessary for success in the legislative arena. Don't be afraid <br />to support appropriations for irrigators to assist in making <br />the adjustment necessary to live with less water. <br />Use of resource valuation and coalition building for <br />instream-flow enhancement is really no different from <br />advocacy for any other cause. In most states, instream-flow <br />advocates have attempted to secure passage of minimum- <br />flow and water-reservation legislation and will continue to <br />do so. With the economic and social transformation of the <br />West, we can expect better prospects for success than has <br />been the case in the past, but don't look for radical change <br />anytime soon. <br />In addition to seeking legislation, instream-flow advo- <br />cates should look to the initiative and referendum process. <br />A number of state constitutions provide a process for <br />citizen ballot initiatives. Such initiatives would be a more <br />expeditious means of directing state agencies to develop <br />biologically and recreationally friendly minimum instream <br />flows. <br />On the federal level, there is one statute of more or less <br />general jurisdiction, which offers some hope. The Clean <br />Water Act, which is up for reauthorization, could be a <br />useful tool for effecting water-law reform throughout the <br />West. Currently, the Act expressly prohibits EPA from <br />altering water allocations under state law. Nevertheless, <br />fish, wildlife, and recreation enhancements are central to <br />the Act's purpose. <br />Under Section 303, EPA reviews state water-quality <br />standards for compliance with the Clean Water Act. In one <br />case, EPA has taken up the cause of instream flows. EPA <br />Region 9 and the California Water Resources Control Board <br />are engaged in a debate over flow standards for the Sacra- <br />mento River, which EPA argues are necessary for saving the <br />delta smelt and the Sacramento River winter-run Chinook. <br />With proper guidance from Congress, states could begin <br />incorporating fish habitat-based instream flow standards in <br />their water-quality standards. This is already under way in <br />Maine, Vermont, and Washington state. What is necessary, <br />however, is for Congress to clarify state authority to do so. <br />39
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