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WESTERN STATES WATER . O(j165~ May 29, 1992 Issue No. 941 THE WEEKLY NEWSLElTER OF THE WESTERN STATES WAlER COUNCIL Creekvi... Plaza. Suite A-Z01 I 942 East 7145 So. I Midvale. Utah 84047 I (801) 561-5300 I FAX (801) 255-9642 editor - Tony Willardson typist - carrie curvin ENERGY National Energy Policy . On May 27, the House adopted an amendment by Interior Committee Chairman George Miller (O-CA) to prohibit the licensing of projects on any river segment protected by state law from hydropower development, except Army Corps of Engineers' projects authorized by Congress. The amendment to H.R. 776 was adopted by a 318.98 vote. Also, the House adopted an amendment by Rep. Chester Atkins (O-MA) amending the Energy Policy and Conservation Act 'to conserve water by improving the water efficiency of certain plumbing projects and appliances.' The bill would establish standards for shower heads and faucets at 2.5 gallons per minute at a flowing water pressure of 80 pounds per square inch. With some exceptions, maximum water use for toilets would be 1.6 gallons per flush (May 20, Congressional Record, H 3597). H. R. 776, entitled the Comprehensive National Energy Policy Act, was then passed by the House by a vote of 381-37. . The bill amends various statutes governing electric utilities, natural gas pipelines, the strategic petroleum reserve, and renewable resource development, including hydropower. While adopting portions of the Administration's energy strategy (H.R. 1301), the bill stresses energy efficiency and conservation. H.R. 776 does not include controversial corporate average fuel efficiency (CAFE) standards for automobiles, because House Energy and Power Subcommittee Chairman Philip Sharp (0-10) explained, 'We simply did not have a majority for any given position.' A controversial proposal to open Alaska's Arctic National Wildlife Refuge (ANWR) to oil and gas drilling is also excluded. In fact, the bill limits offshore oil drilling along the coasts of Alaska, Florida, and North Carolina. Given these and other restrictions on the chairman - William H, Young executive director - Craig Bell nuclear power industry, the President has warned he will veto the bill. The bill was approved by the House Energy and Commerce Committee on March 11, by a 42-1 vote. It was then referred to eight other House committees. The Miller amendment also: (1) specifies that the Bureau of Land Management and the U.S. Forest Service have authority to require rights of way and special use permits on public lands for federally licensed hydropower projects; (2) prohibits construction of new hydropower dams and reservoirs within national parks, or which would inundate park lands; (3) requires the Secretary of Interior to concur before relicensing existing facilities within national parks; and (4) prohibits the condemnation of lands within state or local parks and wildlife refuges for hydropower projects. A substitute amendment by Energy Committee Chairman John Oingell (O-Ml) failed on a 195-221 vote. Oingell's substitute would have authOlized the Federal Energy Regulatory Commission to determine whether to issue a license for a project on a protected river, notwithstanding state designations. It would have allowed state protected river segments only a 'rebuttable presumption' that protection was in the public interest. unGAll0NlWETlANDS Formanek v. United States According to the Environment Reporter, the U.S. Court of Claims recently ruled that the U.S. Government's denial of a Clean Water Act (CWA) Section 404 permit to Minnesota land developers was a compensable taking (Formanek v. United States. No. 764-86L (Ct. CI., filed May 14, 1992)). Formanek began acquiring a 112 acre parcel, including some 45