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<br />" <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />I <br /> <br />engineering degree or similar program is required leading to a professional engineer license, either by <br />testing or reciprocity. A knowledge of surface water and ground water hydrology, geology, water <br />resources engineering, soil mechanics, water law and policy is required, along with the ability to work <br />with local, state and federal government officials. Resumes may be mailed to the Kansas Department of <br />Agriculture, Human Resources, 4'" Floor, 109 SW 9'" St., Topeka, KS 66612. For more information or an <br />online application, go to htto://da.state.ks.us/os/pub/iobsearch.aso. <br /> <br />National Energy Policy ActlGeothermal/Hydropower Issues: - On August 4, the Conference Report <br />on H.R. 6, the Energy Policy Act of2005, was sent to the President (H. Rpt. 109-190). It passed the <br />Senate on July 29, by a 74-26 vote, after House approval on July 28, by a 275-156 vote. There are a few <br />water-related provisions in the bill. Subtitle B - Geothermal Energy - includes a number of technical <br />amendments under Section 236, including: "Sec. 22. FEDERAL EXEMPTION FROM STATE WATER <br />LAWS." This is actually a revised ordering of certain sections in the Geothermal Steam Act of 1970. <br />Chapter 23, Section 1021 reads: "Nothing in this chapter. shall constitute an express or implied claim or <br />denial on the part of the Federal Government as to its exemption from State water laws." (Pub. L. 91-581, <br />Sec. 22, Dec. 24, 1970, 84 Stat. 1573.) <br /> <br />Subtitle C - Hydroelectric - Section 241 addresses industry concerns with the hydropower licensing <br />process and mandatory conditioning authority held by federal agencies regarding certain reservations and <br />fishways. H.R. 6 provides for a new trial-type hearing to resolve disputed factual issues. It also <br />specifically allows license applicants to propose alternative conditions, and provides criteria for the <br />evaluation of such alternatives. <br /> <br />Section 4(e) of the Federal Power Act (16 U.S.c. 797(e)) is amended by inserting after "adequate <br />protection and utilization of such reservation" at the end of the first proviso the following: "The license <br />applicant and any party to the proceeding shall be entitled to a determination on the record, after <br />opportunity for an agency trial-type hearing of no more than 90 days, on any disputed issues of material <br />fact with respect to such conditions. All disputed issues of material fact raised by any party shall be <br />determined in a single trial-type hearing to be conducted within a time frame established by the <br />Commission for each license proceeding. Within 90 days of the date of enactment of this Act, the <br />Secretaries ofthe Interior, Commerce, and Agriculture shall establish jointly, by rule, the procedures for <br />such expedited trial-type hearing, including the opportunity to undertake discovery and cross-examine <br />witnesses, in consultation with the Federal Energy Regulatory Commission." <br /> <br />An identical provision applies to such fishways as may be prescribed by the Secretary of Commerce <br />under Section 18 ofthe Federal Power Act (16 U.S.c. 811). <br /> <br />9 <br />