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<br />. <br /> <br />. <br /> <br />. <br /> <br />l-_ ___ <br /> <br />1C <br /> <br />Water Infrastructure Funding Request: A letter has been sent to President Bush by the Western <br />Coalition of Arid States, the WateReuse Association, the Family Farm Alliance, the National Urban <br />Agriculture Council, the NWRA, the Association of California Water Agencies, the Oregon Water <br />Resources Congress, and the Idaho Water Users Association asking him to reverse years of declining <br />budgets for Reclamation. The letter says the Reclamation's budget has fallen 36 percent over the past <br />10 years despite the demands placed on an aging water resources infrastructure by rapid population <br />growth, greater environmental mandates and recurring drought conditions. <br /> <br />The groups are asking for a plan to increase Reclamation's Bureau's project and program funding to <br />$1 billion annually by FY2005, stating flAs the [Bureau] nears its 100th anniversary, it is an agency <br />without adequate resources to carry out a mission that is more complex and vital than ever before. fl <br /> <br />Federal Appeals Court Finds a "Taking~': On April 30 the U.S. Court of Federal Claims granted <br />summary judgement in favor of California water users that claimed their right to use water was taken <br />when the federal government imposed water use restrictions under the ESA. The case concerns the <br />Delta smelt and winter~run Chinook salmon. The Judge wrote that tiThe efforts by those agencies-to <br />protect the fish ~ specifically by restricting water out-flows in California's primary water distribution <br />system -- bring together, and arguably into conflict, the Endangered Species Act and California's <br />century-old regime of private water rights. The intersection of those concerns, and the proper balance <br />between them, lie at the heart of this litigation." <br /> <br />The Judge also wrote that "The federal government is certainly free to preserve the fish; it must <br />simply pay for the water it takes to do So;" Damages have yet to be determined. The full opinion is <br />available at www.law.gwu.eduffedcl/ (From the WSWC.) <br /> <br />Clean Water Act Ruling: On March 12, in Headwaters, Inc. V. Talent Irrigation Distn'ct, the U.S. <br />9th Circuit Court of Appeals held that the irrigation district violated the Clean Water Act by applying <br />herbicides to irrigation canals without obtaining a National Pollution Discharge Elimination System <br />(NPDES) pennit. The ruling designated irrigation canals as "waters of the United States" requiring an <br />NPDES pennit before aquatic herbicides can be applied. <br /> <br />On April 20, Bill McDonald, Acting Reclamation Commissioner, wrote James Hanlon, Acting <br />Deputy Assistant EPA Administrator for Water, asking for assistance in developing an administrative <br />solution immediately. <br /> <br />In an April 27 letter to BPA Administrator Whitman, Rep. "Butch" Otter (R-ID) and other western <br />members wrote, "On behalf of the thousands of water users in our respective states that rely on the <br />delivery ofwater--which is in especially low supply this year--through canals, laterals, and ditches, as <br />well as the remainder of our citizens who rely on the responsible use of aquatic herbicides, pesticides, <br />and other registered products, we request your immediate assistance. Water delivery organizations <br />must be provided with adequate legal protection to assure that they will not be in violation of the <br />Clean Water Act when applying aquatic herbicides, pesticides and other registered products during <br />the upcoming irrigation season." (From the WSWC,) <br /> <br />Indian Water Right Settlements: The Ad Hoc Group on Indian Water Rights held a congressional <br />briefmg on April 24. Four senators attended and spoke in support of adequate funding for Indian land <br />and water right settlements. Senator Domenici announced his intention to introduce legislation to <br />facilitate funding for settlements in such a way as to avoid detriment to other Department of Interior <br />programs. <br /> <br />The Ad Hoc Group consists of the Native American Rights Fund, the Western Regional Council, the <br />Western Governors' Association, and the WSWC. A list of attendees, as well as the written materials <br />that were distributed at the meeting and other materials are available on the WGA website at <br />www.westgov.org/wgalinitiatives/iwr/index.htm. <br /> <br />Agriculture Department/Snow Survey Program: Sen. Jon Kyl (R-AZ) and Orrin Hatch (R-UT) <br />have sent a letter urging the Agriculture Appropriations Subcommittee to approve $8.5 million for the <br /> <br />3 <br />