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<br />Originally proposed by Senators Harry Reid (D,NV) and Patrick Leahy (D- VT), the Section includes revised
<br />language regarding water rights. The term "water right" is defined as ",..any right or entitlement to water
<br />delivery that is--(A) exercised via contract, agreement, permit, license, or other arrangement; and (B)
<br />available for acquisition or transfer."
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<br />Section 215 includes a general savings clause which states: "Nothing in this chapter.-(A) preempts any State
<br />water law; (B) affects any litigation concerning the entitlement to, or lack of entitlement to, water that is
<br />ongoing as ofthe date of enactment of this chapter; or (C) expands, changes, or otherwise affects the
<br />existence or scope of any water right of any individual."
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<br />On December 13, several western senators, led by Senator Pete Domenici (R-NM) offered an amendment
<br />(SA 2502) to the amendment seeking to strip the water language, However, an agreement was reached that
<br />resulted in language that requires the Secretary of Agriculture to obtain written consent from the governor of
<br />a state before implementing the program,
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<br />In the meantime, Senator Jon Kyl (R-AZ) has also filed an amendment, yet to be considered, that would
<br />strengthen the bill's water rights protections under the Section 215 Water Conservation Program, Kyl's
<br />amendment (SA 2582) would require the Secretary of Agriculture in enrolling lands in the Conservation
<br />Reserve Program (CRP) for the purpose of permanently acquiring water or water rights to "..,comply with..
<br />(i) all interstate compacts, court decrees, and Federal or State laws (including regulations) that may affect
<br />water or water rights; and (ii) all procedural and substantive State water law,"
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<br />The future of the Farm Bill is still uncertain, as debate on the Daschle/Harkin substitute continues after a
<br />closure motion that failed to get the 60 votes needed, Sen, Daschle has indicated that as it now stands there
<br />will be no Farm Bill passed this year, (From WSWC)
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<br />High Plains Groundwater Update: As reported in November, S. 1537 has been introduced to authorize the
<br />Interior Secretary to conduct a hydrogeologic mapping, modeling and monitoring program for the High
<br />Plains Aquifer and to establish the High Plains Aquifer Coordination council to facilitate groundwater
<br />conservation in the High Plains, The Western States Water Council has established a work group to advise
<br />on the bill. Hal Simpson, the state's representative on the WSWC, may have more information he can share
<br />with us at the meeting,
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<br />Water Security Legislation: A new section has been added to the Safe Drinking Water Act bill for this
<br />Congress, Title IV of the bill contains funding for "vulnerability assessments" of water systems. I have asked
<br />the staff of the Flood Protection Section to determine whether funds may available to help us with our
<br />activities. A copy of the section is attached.
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<br />Other Security Links: The Association of Metropolitan Water Agencies (AMW A) is undertaking a Critical
<br />Infrastructure Protection Program designed to secure a rapid response to threats. For more information visit:
<br />htto://www.amwa.netlisac/index.html./
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<br />Family Farm Alliance: The Family Farm Alliance will hold its 2002 Annual Conference in Las Vegas
<br />beginning on Feb. 28. The conference will focus on issues facing Western irrigated agriculture. Specific
<br />program items will include presentations from Washington, D.C. insiders, a world agricultural outlook, and a
<br />panel of reclamation mangers, For more information and to register contact The Family Farm Alliance in
<br />Salem, OR at (503) 371-3123, A registration packet was faxed to every Board member, Registrations are due
<br />by Jan, 21.
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<br />Western Waterways Conservation Act: V,S, Rep, Scott McInnis is working to draft a bill to direct the V,S,
<br />Forest Service to use Land and Water Conservation Fund money to purchase water rights and donate them to
<br />states with instream flow programs, DNR Assistant Director Kent Holsinger has been working with Mcinnis'
<br />aides and can update us at our meeting,
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