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<br />issues, including Good Samaritan legislation, water transfers and National Pollutant Discharge Elimination
<br />System (NPDES) permits, tribal water quality standards and treatment as states (TAS), wetlands guidance,
<br />selenium, effluent dependent and dominated waters, and Total Maximum Daily Loads (TMDLs). There was also a
<br />roundtable discussion of state water quality priorities, and the WSWC/WGA Water Needs and Strategies Report.
<br />The Executive Committee spent much of its time discussing the water report, and a related scope -of -work.
<br />The Committee accepted, and WSWC Chairman Duane A. Smith signed, a "Shared Vision Planning" Partnership
<br />Agreement, to be signed by Major General Don Riley, Corps Director of Civil Works. It outlines collaborative
<br />efforts designed to support implementation of the recommendations in the report on water needs and strategies.
<br />The Committee considered other WGA work plan items, the WSWC budget, sunsetting positions, and other
<br />topics.
<br />The Legal Committee began with a telephone conference call discussing the Congressional Budget Office
<br />(CBO) report on "How Federal Policies Affect the Allocation of Water," with author Natalie Tawil and others. The
<br />report was prepared at the request of Rep. Grace Napolitano (D -CA), and includes analysis and policy options
<br />(WSW Special Report #1686). The Committee intends to prepare an appropriate response. It raises some
<br />controversial issues related to federal -state primacy, Indian and water rights, constitutional Commerce Clause
<br />authorities, subsidies, markets and water use changes. Go to www.cbo.gov for a copy.
<br />Susan Cottingham, Montana, next described the continuing efforts of the Ad Hoc Group on Indian Water
<br />Rights to promote settlement negotiations. Susan noted that a June letter to Interior Secretary Dirk Kempthorne
<br />raised issues related to "languishing" settlements. A subsequent meeting in September with Michael Bogert,
<br />Counselor to the Secretary, Jennifer Gimbel, head of the Indian Water Rights Office, and other Interior officials
<br />raised hopes of a reinvigorated effort, though the cost of some settlements remains daunting. There was
<br />agreement that we don't want to pit tribes against each other. The Nez Perce, Gila, Navajo and Zuni water right
<br />settlements were mentioned. Other topics discussed included state water export laws, tools under state law to
<br />secure water for endangered species needs, and redrafting a related state /federal protocol.
<br />Members also reported on legal developments in their various states. Some interesting cases involve:
<br />Oklahoma's negotiations with tribes treated as states under the Clean Water Act; a proposal to export ground
<br />water from the northwest corner of Arizona to Mesquite, Nevada; the Southern Nevada Water Authority filing for
<br />ground water rights in counties north of Las Vegas, including along the Utah border; administering surface and
<br />ground water rights in Idaho; a Corps lawsuit to recover costs related to construction of Sardis Reservoir from
<br />Oklahoma by garnishing federal payments to the state; a lawsuit by U.S. environmental groups and farmers in
<br />Mexico to stop lining of the All- American Canal; settlement of contract renewals related to the USBR's Friant
<br />Project under California law; continuing negotiations between the seven Colorado River Basin States over how to
<br />manage the river during shortages; a draft settlement agreement between Montana and the U.S. Forest Service
<br />regarding water use; regulating domestic wells in New Mexico; state land office claims to federal reserved water
<br />rights for school trust lands; off - reservation acquisition of water in North Dakota; federal reserved rights claims by
<br />the National Park Service on the Black Canyon of the Gunnison River in Colorado; Kansas abandonment and
<br />forfeiture procedures; "pump and pipe" municipal water use certificates in Washington State; and the Tacoma v.
<br />FERC case (WSW #1684). -
<br />The Full Council meeting began with a welcome from Sheridan Mayor Dave Kinskey, who observed CBM
<br />development has resulted in a "strange twist of events," as there is too much water available, and in the case of
<br />the Powder River, it is "too clean" to discharge into the naturally muddy stream. He noted Sheridan's growth and
<br />his preference in talking about "cost of service" issues as opposed to growth moratoria. The city's new water
<br />pipeline has set off a round of rural subdivision growth, with no related planning or provisions for needed roads,
<br />sewers, etc. Later, Mike Cole, Sheridan's Utilities Engineer addressed in detail the area water supply and Twin
<br />Lakes Enlargement project.
<br />Brenda Burman next addressed members and outlined USBR's current priorities, including its Managing
<br />for Excellence (MFE) action plan, concept papers and related public meetings. The next meeting is on November
<br />13 -14, in Sacramento. For MFE details go to www.usbr.gov. She also expressed gratitude for the Colorado River
<br />Basin States efforts to agree on shortage sharing criteria, saying it has been a difficult process. They hope to
<br />have a related Environmental Impact Statement (EIS) completed by December 2007. She noted that Secretary
<br />Kempthorne signed a Platte River Agreement EIS on September 28, clearing the way for a $300M basinwide
<br />effort to improve habitat for four threatened or endangered species. Brenda discussed aging federal infrastructure
<br />needs, dam safety and leveraging federal resources in light of the current budget situation. She noted Interior's
<br />Water 2025 Initiative has
<br />http: / /www.westgov.org/wswc /news /1690.html 10/24/2006
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