1998 Work Plan of the Western States Water Council

• Description: The annual work plan for the Western States Water Council for 1998.
• State: AK
• State: AZ
• State: CA
• State: CO
• State: ID
• State: KS
• State: MT
• State: NE
• State: NV
• State: NM
• State: ND
• State: OK
• State: OR
• State: SD
• State: TX
• State: WA
• State: WY
• Basin: Statewide
• Author: D. Craig Bell, Tom Willardson, and James P. Alder
• Title: 1998 Work Plan of the Western States Water Council
• Water Supply Pro - Doc Type: Operating Principles/Plan

LEGAL COMMITTEE
1. ENDANGERED SPECIES ACT
Work to date: The Council has monitored the implementation of the Endangered Species Act
(ESA) at the state and federal level since the early 1980s. The Council has also taken an active
interest in monitoring and contributing to efforts to reauthorize the ESA. A paper by WSWC
staff was distributed in 1994 outlining the Council's concerns and objectives relative to ESA
effects on management of state water resources. In 1994, the Council sponsored an ESA
symposium, together with the WGA and the Western Association of Fish and Wildlife Agencies,
to consider the ESA effects on western water management, and to develop recommendations for
improving ESA implementation. This effort was consolidated into Council representation on a
work group convened under WGA auspices. The workgroup eventually developed a core
document and legislative language which was ultimately adopted by western governors and
submitted to national lawmakers.
The ESA originally came up for reauthorization in 1992. Legislation to reauthorize the ESA was
introduced in 1992, 1993, and 1994, but no serious debate occurred. In 1995, four bills on ESA
were introduced before the House. Although numerous bills were introduced in 1996, efforts
were again unsuccessful. Work is continuing to develop a consensus bill which may offer a
potential for enactment. In the meantime, the Administration has introduced reforms designed to
improve implementation. Also, the Department of Interior recently granted authority to Indian
tribes to enforce the provisions of the ESA, which could result in state /tribal conflicts in the form
of new demands on water resources or water quality standards. Also of interest is the pending
case involving the willow flycatcher and the designation of critical habitat along Lake Mead in
Southwest Center for Biological Diversity v. Bureau of Reclamation.
1998: Reauthorization of the ESA is currently in progress and the Committee will follow
congressional efforts closely to ensure that any proposed ESA amendments do not adversely
impact states' authority over water rights.
Cases involving the ESA and other developments will be reported to the Committee for
consideration. Further, since the subject has been selected for the 1998 symposium, the Legal
Committee will take the lead in organizing the seminar. (see Executive Committee work plan,
pp. 2 -3)
Estimated work days: 20 -30
Time frame: April - August