BOARD00845

• Board Meeting Date: 9/10/2002
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

November, to be followed by an expected draft notice of proposed rulemaking in February 2003. PUbliC.
meetings would be held in March and April 2003, leading to a proposed final rule in August 2003.

Both the hydropower industry and conservation representatives participated in organizing a National
Review Group (NRG) in 1998 to explore means of improving the licensing process, and later published
a report suggesting voluntary measures (www.ferc.gov/hvdro/hvdro2.htm). On July 3, industry and non-
governmental organization (NGO) representatives with NRG released a reform proposal for
administrative changes to coordinate license application development and National Environmental
Policy Act (NEP A) reviews. Comments on the proposal were solicited by July 24, and once
incorporated may form the basis for petitioning FERC to implement the suggested changes. Copies were
distributed at the recent Western States Water Council meeting and are available from the WSWC office
upon request. For more information on the effort, contact industry representative Gregg Carrington,
Chelan County POD, [e-mail]; American Rivers Hydropower Reform Coalition
Coordinator, [e-mail]; or Sharif Ebrahim, Kearns & West, [e-mail] for
state agencies and tribes.

Preble's Jumping Mouse: On July 30 the Mountain States Legal Foundation (MSLF) sent a letter to
Interior Secretary Gale Norton, asking that she and the U.S. Fish and Wildlife Service (USFWS) cure
four alleged violations of the Endangered Species Act in the ljsting of the Preble's meadow jumping
mouse, or face litigation. First, MSLF accuses USFWS of using "junk science" and too small of a
sample size to list the mouse. Second, MSLF alleges that USFWS refused to consider a petition for
delisting because it was "too busy." Third, the USFWS refused to reconsider the listing given reputable
new scientific data. Fourth, MSLF challenges the proposed designation of "critical habitat."

In a July 17 press release, the USFWS sought public comment on its proposed designation of critical .
habitat for the mouse along the front range in Colorado and Wyoming. Comments are due Sept. 16. For
more information on the Preble's meadow jumping mouse, including proposed habitat maps, visit
www.r6.fWs.gov/preble.

National Water Assessment: The U.S. Geological Survey (USGS) has released a report entitled
"Concepts for National Assessment of Water Availability and Use" to describe "the scope and
magnitude of the efforts needed to develop and report on indicators ofthe status and trends in the
availability and use of freshwater resources." Copies of the 34-page report are available from the
Council office or online in PDF format at http://pubs.water.usgs.gov/circ1223.

Drought Legislation: On Aug. 5 three western governors wrote to Congress to urge members to pass
drought relief and preparedness legislation this year. Governors Judy Martz (MT), Gary Johnson (NM)
and Mike Johanns (NE), representing the Western Governors' Association (WGA), said that the current
drought rivals those of the 1930s and 1950s.

High Plains-Ogallala Aquifer and Small Projects Hearing: A Senate Subcornmittee held a hearing on
July 31 on S, 2773 that authorizes the Interior Secretary to cooperate with the High Plains Aquifer States
in conducting a hydrogeologic characterization, mapping, modeling and monitoring program. The
Western States Water Council submitted a letter of support, with suggested changes, for the record.

Dr. Charles Groat, Director of the USGS testified, raising a number of concerns and concluding that the
goals ofthe bill can be achieved without legislation and noted that no funding for the program was
included in the FY 2003 budget, and any new spending authority would have to come from "available
resources. "

Dr. Peter Scholle, the New Mexico State Geologist, testified that S. 2773 is an important step in a
comprehensive program to extend the life of the aquifer.

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