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0" ,. i' h"' 'Ulud~ June 5, 1992 Issue No. 942 WESTERN STATES WATER TIlE WEEKLY NEWSLETIER OF TIlE WESTERN STATES WAlER COUNCIL Creekviev Plaza, Suite A-lOl I 942 East 7145 So. I Hidvale, Utah 84047 I (801) 561-5300 I FAX (801) 255-9642 editor - Tony Willardson typist - carrie curvin . WATER auAIJ1Y Wetlands Over 100 members of Congress wrote President Bush on May 19 requesting w~hdrawal of proposed revisions to the federal wetlands delineation manual. The controversial amendments, which affect the decisions of the Army Corps of Engineers, EPA, Fish and WildlWe Service, and the Soil Conservation Service, were announced last July 0NSW #900). Many observers, including EPA Administrator William Reilly, have questioned their utility 0NSW #916). The letter from the Congressmen recommends the National Academy of Sciences establish scientWical1y acceptable criteria for wetlands delineation. A bill to require an Academy study has been introduced in the House (H.R. 5578, WSW #913). WATER RESOURCES . California CentraJ Valley Project/Omnibus Reclamation Bill The House Interior and Insular Affairs Committee approved by voice vote a compromise version of H.R. 5099, the Central Valley Project (CVP) Reform Act, on May 28. Chairman George Miller (O-CA) introduced the bill and will attempt to add ~ to omnibus reclamation legislation (H.R. 429) before the House meets in conference w~h the Senate. H.R. 5099 addresses impacts of the CVP on fish and wildlWe, authorizes protection and restoration measures, improves CVP operational flexibility, expands the use of voluntary water transfers and water conservation, and authorizes a study to transfer the CVP to non- federal ownership. H.R. 5099 prohib~s new CVP water service contracts 'for any purpose other than fish and wildlWe,' until certain objectives are met. Up to 100,000 acre-feet of new water can be sold to the chairman - William H. Young executive director - Craig Bell highest bidder, however, for municipal and industrial purposes, w~h the proceeds cred~ed to a new CVP Restoration Fund for hab~at improvement, and the acquis~ion of land and water rights. The fund will also receive $15M from a charge on the sale of project power and water, assessed in proportion to CVP cost allocations. The Secretary must prepare a programmatic environmental impact statement (EIS) on renewal of all CVP water contracts. Existing long- term contracts may only be renewed for a period of 20 years or less, and will be subject to change based on EIS resutts. Further, in renewing contracts, the Secretary may 'allocate a portion of the water supply for fish and wildlife restoration activities.' The Secretary may also authorize CVP water contractors to transfer water to 'any other CalWomia water user or...agency...for project purposes or any purpose recognized as beneficial under applicable state law.' The Act provides that authorized transfers 'shall be deemed a beneficial use..... Transfers to any non-CVP district or agency must be repaid at the greater of either the cost of service, irrigation at 'full cost,' or for municipal and industrial purposes at prevailing rates. The Secretary is 'to prevent a transferor from receiving unreasonable profrts on any transfer.' The Secretary is directed to deposit in the restoration fund at least 25% of the annual net proceeds, or retain 25% of the water for fish and wildlWe purposes. Transfers must be between willing buyers and sellers, consistent with state law. There are other restrictions as well. Also, H.R. 5099 creates a 16-member CVP Transfer Advisory Committee and a new office on CVP water conservation best management practices. The committee is to report to the President and Congress before 1994. Section 6 amends the CVP reauthorization of 1937 and authorizes new fish, wildlWe and habitat restoration measures. Among other things, the bill