Western States Water Council 2005 Report

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Ron Wyden (D -OR) intends to introduce to encourage landowners to develop management plans to benefit water quality and threatened and endangered species. TMDL implementation and EPA's draft public involvement policy were also discussed. The Water Quality Committee continued the TMDL discussion, revising the draft WSWC position statement. Shaun McGrath, WGA, described the scope of a National Academy of Sciences review of the scientific basis underlying the development and implementation of TMDLs, which was to be completed by June. CWA reauthorization was also discussed, as were new water quality regulations related to arsenic and confined animal feeding operations (CAFOs). EPA is proposing rules to reduce pollution and protect water resources and public health with more stringent requirements and effluent guidelines for as many as 39,000 CAFOs. The proposed rules were published in the Federal Register on January 12th, and are available through EPA's Office of Wastewater Management's website.' More information is available from the CAFO Hotline at (202) 564 -0766. Public hearings will be held in Denver, Colorado on March 27th, and Boise, Idaho on March 29th. With respect to arsenic, EPA published a rule on January 22 (66 FR 6976).4 The Water Resources Committee listened to Mike Somerville, Arizona's State Conservationist for the Natural Resources Conservation Service (MRCS), describe USDA's Snow Survey and Water Supply Forecasting System. The Committee recommended the position be adopted by the Council with few changes. Shaun McGrath described draft legislation designed to create a National Drought Policy Coordinating Council and members summarized drought conditions afflicting much of the West. Jeanine Jones of California briefly explained the state's energy crisis and the role of the Department of Water Resources in buying power. Dave Pope of Kansas reviewed a draft proposal for a High Plains Aquifer Conservation and Environmental Preservation Act, and Duane Smith of Oklahoma said his state is interested in discussing an interstate compact to allocate the waters of the Ogallala Aquifer. The Legal Committee weighed legislative strategies for moving the Water Adjudication Fee Fairness Act (H.R. 507) introduced by Rep. Mike Simpson (R -ID) on February 14th.' Efforts to secure federal funding for Indian reserved rights settlements were also discussed, along with other issues including the Lummi case,' United States v. Adair happenings, U.S. Forest Service by -pass flow demands in Colorado, and a Public Trust Doctrine case before the Nevada Supreme Court. A panel including Charles DuMars, University of New Mexico, and Douglas Grant, University of Nevada - Las Vegas, law professors, and Martha Pagel, of Oregon, discussed use of public interest tests to protect water quality and instream uses. 'See www.epa.gov /owm/afo.htm. 4For information visit www.epa.gov /safewater /arsenic.htm or call the Safe Drinking Water Hotline at (800) 426 -4791. 'Western States Water, Issue #1396, February 16, 2001 'Western States Water, Issue #1393, January 26, 2001 8 i