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<br />eligibility criteria for tribes and allow eligible tribes to
<br />assume program responsibility for NPDES permits,
<br />sewage sludge management and state water quality
<br />certification requirements for federally licensed or
<br />permitted activities. According to the notice, the
<br />proposed rules are very similar to previously
<br />proposed rules regarding the treatment of tribes as
<br />states made under CWA Section 518 ryvSW #928).
<br />Comments are due by May 11. For information,
<br />contact Wendy J. Miller, (202) 260-3716.
<br />
<br />WATER RESOURCES
<br />
<br />California/Central Valley Project/Omnibus Bill
<br />
<br />In a February 26 letter, California Governor Pete
<br />Wilson opposed Senator J. Bennett Johnston's draft
<br />substitute for H.R. 429, the omnibus reclamation
<br />package. The Federal Central Valley Project usually
<br />delivers some 7 million acre-feet (Mal) of water for
<br />use in California. The Governor vigorously opposed
<br />'dedicating' 1.5 Maf to the environment during wet
<br />and dry years, predicting 'widespread and adverse
<br />impacts on the State of California..... Governor Wilson
<br />said the issue is not whether the fish and wildlife of
<br />the Central Valley need more water. 'Clearly, they
<br />do.' He continued, 'I believe that current CVP
<br />operations should be changed significantly to achieve
<br />a balance between the needs of fish and wildlile,
<br />agricultural production, and the needs of a rapidly
<br />growing population.'
<br />
<br />However, Governor Wilson added, 'California
<br />consistently has insisted that its authority to establish
<br />water rights not be compromised.... Dedication of
<br />specific amounts of water would eliminate the state's
<br />ability to develop the kind of comprehensive,
<br />balanced, and flexible water allocation process
<br />necessary to meet all our water requirements....
<br />Despite our fundamental differences on this bill, I
<br />believe we agree on one essential point. Only when
<br />both the CVP and the state's own water delivery
<br />system operate uniformly under the same rules and
<br />requirements, will California be able to meet in a
<br />balanced and integrated fashion the needs of the
<br />environment, the agricultural industry and all who
<br />depend on it, and municipal and industrial users.'
<br />Governor Wilson then proposed transferring the CVP
<br />to state control. Negotiations over CVP language in
<br />H,R. 429 continue, though the bill was reported on
<br />March 19 0fo/SW #931). Floor amendments are likely.
<br />
<br />On March 17, Governor Wilson wrote Interior
<br />Secretary Manuel Lujan calling for negotiations over .
<br />transferring CVP control to California. 'A state with
<br />over 30 million citizens should not have its single
<br />largest block of water being governed by entities over
<br />3,000 miles away.... I must emphasize that although
<br />the CVP is a federal facility, all water delivered by the
<br />system belongs to the people of California.
<br />Therefore, as long as federal control of the CVP
<br />continues, the potential exists for federal authorities
<br />to dictate...how the state will allocate its own water
<br />resources, As California's ongoing drought has
<br />demonstrated, this issue of federal-state relations in
<br />the allocation of water must be resolved. I firmly
<br />believe that state control of the CVP is the optimal
<br />solution.'
<br />
<br />Governor Wilson suggested that initial "scoping"
<br />meetings include Interior and other affected federal
<br />agencies and address: contractual obligations.
<br />financial considerations, environmental concerns. legal
<br />liability, Federal Energy Regulatory Commission
<br />licensing, and administration of an integrated system."
<br />He appointed Resources Secretary Douglas Wheeier
<br />and Water Resources Director Dave Kennedy as
<br />negotiators,
<br />
<br />Secretary Lujan responded favorably on March 24,
<br />'I am strongly committed to the principle that the .
<br />states have the primary responsibility for determining
<br />basic water rights and entitlements.... My decisions
<br />and my positions on questions of water policy are
<br />based first and foremost on the proposition that the
<br />management and use of a state's water is that state's
<br />responsibility.' He designated John Sayre, Assistant
<br />Secretary-Water and Science, as his representative to
<br />the negotiations and concluded, "I want to reiterate
<br />my strong support for the transfer of the CVP to the
<br />State of California following negotiations providing
<br />reasonable terms and conditions...."
<br />
<br />PEOPLE
<br />
<br />Sara Duncan has been appointed as the Acting
<br />Director of the Colorado Water Conservation Board.
<br />replacing Dave Walker, and Harold D. Simpson, as
<br />the Acting Colorado State Engineer, replacing Jeris
<br />Danielson. Both Sara and Hal have also been named
<br />to the Western States Water Council, to represent
<br />Colorado and serve on an interim basis until final
<br />appointments have been made by Governor Romer.
<br />
<br />The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors .
<br />of member states - Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, North
<br />Dakota, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, with Oklahoma as an associate member
<br />state.
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