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. fI" "\! ..-. C' (10 _UtOJ- June 19, 1992 Issue No. 944 WESTERN STATES WATER TIIE WEEKLY NEWSIEITER OF TIlE WESTERN STATES WATER COUNCIL Creekvi... PLaza, SUite A-201 , 942 East 7145 So. 'lIidvaLe. Utah 84047 , (801) 561-5300 , FAX (801) 255-9642 editor - Tony Willardson typist - Carrie Curvin ENERGY . Federal Energy Regulatory Commission (FERC)/NationaI Energy Policy The Western Governors' Association IY'lGA) and the Western States Water Council recently received correspondence from FERC Chairman Martin Allday regarding agreement among the three organizations to establish a 'better working relationship between the Commission and the western states concerning licensing of non-federal hydroelectric projects....' The letter details several steps the organizations have taken to "turn lour] good intentions into reality.' These include: (1) several meetings between organization staff to discuss ideas for establishing better relationships, including a proposal for a memorandum of agreement on matters of mutual interest; (2) FERC's revision of its regulations to require applicants to confer with state water right agencies during pre-filing consultation; (3) the exchange of information between organization staff; (4) progress toward completion of a state-by-state description of water right laws and processes by WSWC for FERC; and (5) substantial completion by FERC and the Washington Department of Ecology of negotiations for a memorandum of agreement concerning dam safety requirements. The Chairman noted that he regarded the work to date as 'a positive beginning.' . Chairman Allday's letter continued, 'I was [therefore] somewhat disappointed to learn of WGA's support for the hydro-related amendments to H.R. 776...sponsored by Mr. Miller of California and passed by the House of Representatives [H.R. 776, TITle XXXI, Sections 3103 and 3104; the amendments would prohibit the licensing of hydroprojects on river segments protected from hydropower development by state law-WSW#941]. Those amendments, in my judgment, undermine several crucial national goals acting editor - Norman Johnson executive director - Craig Bell embodied in the Federal Power Act. I intend to continue our effort to ensure that the Commission discharges its duties with sensitivity to the concerns of the western states. However, I believe strongly that the Congress should take no action which will harm our nation's ability to harness environmentally sound hydroelectric power. Hydropower reduces both dependance on insecure foreign oil supplies and atmospheric emissions associated with fossil fuels. In this light, I have recommended that WGA review its position on the amendments.' Reportedly, deletion of the Miller amendments to H.R. 776 from the conference committee version of the energy bill will be arnong FERC's highest priorities with respect to the final version of the legislation. unGAll0NJWAlER RIGHTS Bia Horn River SvstemJlndian Reserved RighIs In a long and complex decision handed down June 5, the Wyoming Supreme Court reversed a state district court opinion which: (1) decreed that the Shoshone and Northern Arapaho Tribes on the Wind River Indian Reservation may change the use of their reserved water rights quantified based on agricultural purposes to instream flow uses; and (2) substituted the tribal water agency for the State Engineer to administer water rights on the Wind River Indian Reservation (WSW #878). Five justices heard the case. There was a 3-2 majority on each issue. Different justices joined in the majority opinion in each instance. Concurring and dissenting opinions were also filed IRe: The General Adiudication of...the Bia Horn River Svstem. Nos. 91-83, 84, 91-94, 96, and 97, Wyo. Sp. Ct" June 5, 1992). The rulings are part of the second phase of the Big Horn River System general adjudication. The Shoshone and Northem Arapaho Tribes water rights were quantified by the Wyoming Supreme Court