Western States Water Council 2005 Report

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process; using project power for irrigation, particularly as part of the Pick -Sloan Missouri Basin Project; funding large rural water supply projects (and operation and maintenance) without "killing" BOR's budget; and fallout from the Talent Irrigation District case requiring a National Pollutant Discharge Elimination System (NPDES) permit for the use of herbicides or pesticides in any canals. The Environmental Protection Agency (EPA) is looking at issuing a general permit and authorization use in accordance with label requirements. Of note, BOR is planning a centennial celebration next year for the enactment of the Reclamation Act of 1902. The Council revised and readopted a sunsetting position in support of legislation to require the federal government to participate in all state administrative and judicial water rights proceedings, to the same extent as all other persons, and pay applicable fees, including "filing fees (not Native American tribes) as well as comply with all other state substantive and procedural water right adjudication laws ... for the appropriation, use and distribution of water rights..." with state administration of all water rights. Further, the Congress should "appropriate moneys for payment of unpaid fees to states that have incurred expenses as a result of processing federal claims or federal objections to private claims in state general stream adjudications." Three other positions were allowed to sunset. Council Chairman Mike Brophy read a letter to be sent on his own behalf to Senator Tom Harkin (D -IA) regarding the Farm Bill and suggestions the Council had approved certain provisions. The letter says the Council "...has not been asked to review or take any action regarding the draft Water Conservation Additions.... From my perspective, western states are not opposed to initiatives... to develop and implement partnership arrangements with individual states, in accordance with the laws of those states, to address demonstrated water quantity or water quality requirements for species listed under the Endangered Species Act. However, I believe it is highly unlikely that the ... Council would support the... Additions as drafted, which propose ... the temporary transfer or permanent acquisition of water rights by the... Department of Agriculture for lands enrolled in the Conservation Reserve Program.... [T]he goal ... can be largely achieved under existing state laws. Therefore, I see no need for the Water Conservation Additions...." In WSWC committee meetings, Council members extensively discussed Total Maximum Daily Load rule revisions with Charles Sutfin, Director, Assessment and Watershed Protection Division, EPA, as well as Confined Animal Feeding Operation rules, ESA and Clean Water Act (CWA) coordination and reauthorization, US. Geological Survey streamflow and Natural Resources Conservation Service snow data gathering work, BOR water conservation activities, drought, Indian water right settlements, recent water - related litigation, state water reuse and ground water recharge laws, and other topics. 14