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<br />. <br />-, <br /> <br />, <br />. <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />ATTAClIMENT AGENDA ITEM 3 <br /> <br />Position No. 203 <br /> <br />POSITION <br />ofthe <br />WESTERN STATES WATER COUNCIL <br />concerning <br />AMENDMENT OF THE FEDERAL ADVISORY COMMITTEE ACT <br />Durango, Colorado <br />April 14, 1995 <br /> <br />WHEREAS the Federal Advisory Committee Act (F ACA) of 1972 establishes extensive <br />and burdensome procedural requirements for committees, boards, commissions, councils and <br />other groups engaged in communications and consultations with members of the executive <br />branch of the federal govemment; <br /> <br />WHEREAS the judiciary is increasingly applying an expansive interpretation of F ACA <br />so as to invalidate many consensual communications between federal and state agencies; <br /> <br />WHEREAS implementation of existing laws and regulations frequently requires <br />significant cooperation and consultation between state agencies and the executive branch of the <br />federal government; <br /> <br />WHEREAS the Western States Water Council historically has been involved in <br />numerous dialogues between federal and state agencies, and anticipates further such interactions <br />in years to come; <br /> <br />WHEREAS many member states of the Western States Water Council have enacted state <br />"sunshine" laws and administrative procedures which would preserve the openness and <br />accessibility of intergovernmental discussions without unduly burdening the public process; <br /> <br />WHEREAS the members of the Western States Water Council believe that increasingly <br />broad application ofF ACA to intergovernmental communications is an impediment to fruitful <br />cooperation between state, local, tribal and federal governments; <br /> <br />NOW THEREFORE BE IT RESOLVED that the Western States Water Council <br />supports legislation granting a statutory exemption from the requirements ofF ACA for <br />intergovernmental communications and consultations involving federal and state, local or tribal <br />governments or, in the alternative, to repeal the Act. <br /> <br />f',',POsmON\FACARES RST <br />