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Wednesday morning. Another proposed position was approved calling on the National Aeronautics
<br />and Space Administration (NASA), National Oceanic and Atmospheric Administration (NOAA),
<br />and U.S. Geological Survey (USGS) to ensure that the appropriate thermal sensors are included to
<br />replace the present Landsat data and high resolution capabilities in any future satellites. A sunsetting
<br />position regarding the Endangered Species Act (ESA) was also renewed. Bob Hirsch, USGS
<br />Associate Director for Water, addressed members on a number of issues, including the impact of
<br />Hurricane Katrina and the need for better realtime data and hazards assessments. This was a priority
<br />for USGS. Unfortunately, drought was not one of the listed hazards. He thanked members for their
<br />support for the National Streamflow Information Program and Cooperative Water Program, and
<br />announced that a stakeholders roundtable to discuss the programs would be held on January 30 -
<br />February 1, 2006 in Austin, Texas.
<br />A special presentation on the nexus between energy and water resources was made by John
<br />Geesman, California Energy Commission, and Doug Arent, with the National Renewable Energy
<br />Lab (NREL) in Golden, Colorado. They both stressed the need for integrated resources planning
<br />strategies as both water and energy supplies are vulnerable to shortages. Appropriately, Mike
<br />Slayton, with the St. John's Water Management District in Florida, next talked on behalf of the
<br />Desalination Coalition to the Water Resources Committee about supporting legislation in the Senate
<br />and House to authorize the Secretary of Energy to provide incentive payments to owners and
<br />operators of qualified facilities to partially offset the cost of required electrical energy in desalination
<br />(S. 1016 and H.R. 1071). Concern with brine waste well disposal was also raised. Jack Stults then
<br />discussed drought policy and relief bills, noting the WSWC's recent testimony.'
<br />The Committee determined it would add an item to its work plan on "emerging technologies,"
<br />which would include desalination, energy, climate variability, etc.
<br />The Executive Committee discussed the work plan, Western Governors' Association (WGA)
<br />agenda, and a number of potential areas of common interest with WGA Chairman Janet Napolitano,
<br />Governor of Arizona, that include aging infrastructure, desalination, drought relief, and water
<br />augmentation through weather modification, watershed management, conjunctive use of ground and
<br />surface water resources, and reductions in water delivery system losses. The Committee also
<br />determined that it would focus next year's Water Management Symposium on "Emerging
<br />Technologies and Issues." Further, the Committee discussed three sunsetting positions and
<br />recommended further action.
<br />The Legal Committee began with an extended presentation by Jim Davenport on state water
<br />export laws and cases before and since Sporhase v. Nebraska (1982), focusing on changes since
<br />1991. Arthur Van Wagenen, a WSWC law school summer intern, helped compile the information
<br />on changes in state law. Jim's powerpoint presentation focused on water as an economic good, and
<br />included a discussion of Chilean water law and its evolution as a free market model. Next, Jim
<br />addressed a law review article on "takings," which he and WSWC Executive Director Craig Bell
<br />have authored, together with other members of the Legal Committee.
<br />Kathleen Hartnett White, Chair, Texas Commission on Environmental Quality (TCEQ), spoke
<br />on legal issues and the challenge of meeting the needs of a population that is expected to double by
<br />2050. Regional water planning projections were that Texas would face shortages of up to 38% of
<br />demand in a future drought, and 66% of the mitigation strategies included some type of redistribution
<br />of existing supplies, most likely moving irrigation water to other uses. Texas hadn't clearly defined
<br />the property rights to water, and many believe when amendments to existing rights are proposed that
<br />'Western States Water, Issue #1637, September 30, 2005.
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