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WSPC04562
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Last modified
7/29/2009 11:18:44 AM
Creation date
10/9/2006 4:41:00 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.700
Description
Colorado River-Colorado River Basin-Colorado River Basin General Publications
State
CO
Date
7/19/1977
Author
Felix Sparks
Title
Colorado River Documents and Major Events-Sparks Synopsis-July 1976-Threatened Litigation to Impose Revised Salinity Standards on the Colorado River-Agenda Item 6
Water Supply Pro - Doc Type
Board Memo
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<br />three locations on the lower reaches of the Colorado River system as <br />follows: <br /> <br />Below Hoover Dam - 723 <br />Below Parker Dam - 747 <br />Imperial Dam - 879. <br /> <br />The plan to implement these standards was adopted by the <br />seven states. Subsequently, the criteria and the implementing plan were <br />approved by the Environmental Protection Agency and published in the <br />Federal Register under date of March 31, 1976. On April 14, 1977, the <br />Environmental Defense Fund, a private environmental organization, filed <br />a notice of intent to file suit to set aside federal approval of the <br />adopted salinity standards. It is anticipated that this suit will be <br />filed in the Federal District Court for the District of Columbia later <br />this month. <br /> <br />The Colorado River Salinity Control Forum conducted one of <br />its regular meetings in San Francisco last week. Among the agenda items <br />was a discussion of the threatened litigation. Representatives of the <br />seven states, the United States, and the Environmental Defense Fund <br />were present at that meeting. It became quickly apparent at the meeting <br />that any attempt to reason with the Environmental Defense Fund was a <br />waste of time. While the representatives of that fund admitted that <br />they had no quarrel with the standards adopted for the lower river, they <br />stated that it was their intention to compel each of the states to <br />adopt individual salinity standards for each of the tributary systems <br />involved. The excuse given by representatives of the EDF for the <br />proposed litigation was that they did not trust either the states or <br />the United States to enforce the salinity standards at some time in the <br />future. Apparently, the EDF assumes that only that organization is <br />capable of running the affairs of the United States. <br /> <br />After the representatives of the EDF had stated their position, <br />I then asked them that if they would withdraw their objections to the <br />various authorized Colorado reclamation projects if Colorado agreed to <br />adopt stream by stream salinity standards. The answer was an emphatic <br />"no." The conclusion is therefore inescapable that the salinity issue <br />is but another Trojan horse tactic of the Environmental Defense Fund <br />to dictate water policy to the seven states of the Colorado River Basin. <br />The Salinity Control Forum thereupon adopted a unanimous resolution <br />recommending that each state intervene as a party defendant at such <br />time as the threatened litigation is actually filed. <br /> <br />It is the seven states of the Colorado River Basin which would <br />have to bear the impossible burden of the preposterous demands now <br />being made by the Environmental Defense Fund. Since the states are the <br />real parties defendant, the staff of the Board recommends that the <br />Board adopt a resolution urging the Governor and Attorney General of <br />the State of Colorado to intervene on behalf of Colorado as a party <br />defendant in any action which might be filed by the Environmental Defense <br />Fund on this issue. A proposed form of resolution is enclosed herewith. <br /> <br />FLS :nnn <br />Enclosure <br /> <br />Memorandum <br /> <br />-2- <br /> <br />~.513 <br /> <br />July 19, 1977 <br />
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