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<br />acres of a rare calcareous fern plant community, In
<br />1960, unaware of the unusual wetlands ~ contained,
<br />Until 1985 the land was subject to nationwide perm~
<br />requirements. The U.S. Army Corps of Engineers
<br />then exerted jurisdiction over the property, subjecting
<br />~ to individual perm~ requirements. When the
<br />landowners applied for a perm~ in October, 1985, the
<br />Corps denied the application to place fill material to
<br />build an access road, precluding the property's
<br />development.
<br />
<br />The Court of Claims ruled Formanek adequately
<br />demonstrated the best use of the property had the
<br />Corps not denied the CWA permit was for industrial
<br />development. Further, the court said the only thing
<br />precluding development was denial of the perm~.
<br />The court ordered the developers to sell the property
<br />to the United States for about $934,000, plus Interest
<br />from the date of taking. The court rejected the notion
<br />that there were other financially viable uses for the
<br />land, including offers made by conservation groups
<br />to purchase the land for a nature preserve. The court
<br />concluded 'the dramatic reduction in the property's
<br />value as a resu~ of the perm~ denial, combined with
<br />the government's interference with the plaintiff's
<br />investment backed expectations, constitutes a taking.'
<br />
<br />WATER RESOURCES
<br />
<br />OregonJWestem Water Policy
<br />
<br />A report has been prepared under the auspices of
<br />the Northwestern School of Law, Lewis and Clark
<br />College, ent~led 'Oregon Water Policy in the 1990s:
<br />Problems and Opportun~ies.' The work, written by
<br />Eric Lemelson, a third year law student and legal
<br />extern, is intended to serve as background
<br />information to assist the governor, state agencies and
<br />other readers in evaluating water policy matters. It
<br />summarizes key issues in Oregon, including
<br />threatened and endangered species listings, funding
<br />Iim~ations regarding the Oregon Water Resources
<br />Department, new federal requirements, urban water
<br />systems and the Clean Water Act, and failure to
<br />provide adequate incentives and direction for water
<br />conservation.
<br />
<br />The report outlines policy options, including water
<br />user fees. In so doing, the report examines such fees
<br />in other states, including Arizona, Kansas, and
<br />California. It outlines options for water pollution
<br />
<br />effluent fees, enforcing existing law relating to water
<br />conservation, and modifications to existing laws to
<br />promote more efficient water use, including making .
<br />water transfers easier and modifying the definition of
<br />waste and beneficial use. The report concludes that
<br />Oregon water policy is at a crossroads. The
<br />challenges the state faces 'all point toward the need
<br />for Oregon to work towards restoring the hea~h of the
<br />state's rivers and streams, In doing so, however, the
<br />state must not lose sight of the importance of water
<br />to an expanding economy, especially to ~s
<br />agricu~ural community.'
<br />
<br />The report suggests that the state needs to plan
<br />proactlvely to deal w~h potential ESA listings, to
<br />evaluate and consider all opportun~les to put more
<br />water instream for fish, and to promote water
<br />conservation and related efficiency measures. The
<br />report also recognizes the state's need for cr~lcal
<br />information about water use and that the legislature
<br />has increased the Water Resource Department's
<br />responsibil~ies w~hout also providing the money
<br />needed to meet those responslbil~ies, The report
<br />encourages the legislature to address this problem,
<br />including raising revenue through user fees.
<br />
<br />PEOPLE
<br />
<br />Pearl O. Pollick recently completed 20 years of .
<br />employment w~h the Western States Water Council.
<br />She is the only Council employee to achieve this
<br />distinction. When her tenure began In 1972 the
<br />Council's offices were located in the University Club
<br />building in Sa~ Lake City (there have been two moves
<br />since); Tom Cahill was the Executive Director (he was
<br />succeeded by Jack Barnett, and then Craig Bell); and
<br />the Council had 11 member states (there are now 16
<br />member states and one associate member state),
<br />Pearl's sterling support-staff career has included
<br />service as Secretary, Bookkeeper, and Office
<br />Manager.
<br />
<br />POSmON OPENING
<br />
<br />The Nebraska Department of Personnel seeks a
<br />water resources specialist IV (Division Engineer) to
<br />manage the Bridgeport Nebraska division office,
<br />supervise water administration and canal regulation,
<br />mon~or interstate water supplies, and participate in
<br />adjudications. Salary: $2659/mo. Contact Nebraska
<br />Department of Personnel (402) 471-2075.
<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 associl>te member
<br />state.
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