WSP02490

• File Number: 8021
• Description: Section D General Correspondence - Western States Water Council
• State: CO
• Basin: Statewide
• Date: 1/14/1992
• Author: Western States Water
• Title: Western States Water 1992 - Issues 921-972
• Water Supply Pro - Doc Type: Publication

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July 2, 1992
Issue No. 946

STERN
STATES WATER

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TIlE WEEKLY NEWSLETfER OF TIlE WESTERN STATES WAlER COUNCIL

editor - Tony Willardson

Creekvi"" Plaza, SUite A-ZOl I \l42 East 7145 so. I Ilidvale, Utah 84047 I [phone] I FAX [phone]

acting editor - Norman Johnson

typist - carrie curvin

ENERGY

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National Energy PoIicy/FederaI Energy Regulal:ory
Commission (FERC)
The Congress has adjourned for the 4th of July
holiday, and will reconvene on July 20. Soon
thereafter the Senate is expected to consider an
omnibus energy package (H.R. 776; WSW #945).
Several provisions affect water management. With
respect to hydropower development, the 'Miller
amendments' approved by the House give states
authority to protect certain river segments from
hydropower development, and restrict the ability of
federal licensees to condemn state and local
parklands and wildlife refuges for hydropower projects
(Sections 3103 and 3104; WSW #944). FERC
Chairman Martin Allday opposes enactment of these
provisions as an obstacle to ....our nation's ability to
harness environmentally sound hydroelectric power"
IYVSW #944). The Western Governors' Association
supported the amendments in a policy statement
adopted at its recent annual meeting in Jackson,
Wyoming IYVSW #945).

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Of note, the Congressional Research Service
(CRS) has responded to a request from the House
Interior Committee to estimate the potential effect of
the Miller amendments on national hydropower
capacity. FERC asserts the amendments 'undermine
several crucial national goals embodied in the Federal
Power Act.' CRS reported that the potential capacity
lost could 'easily be achieved with efficiency
improvements at existing hydroelectric facilities and/or
with new capacity additions on rivers not affected by
this legislation.' At present, out of the nation's total
utility generating capability of 685 gigawatts,
hydropower capability totals 90 gigawatts, or 13%.
CRS found that out of an estimated undeveloped
hydroelectric capacity of over 47 gigawatts, about 22
gigawatts could be developed economically. The

executive director - Craig Bell

Miller amendments would affect about 75 megawatts
of generating capacity or only a fraction of 1 %, and
therefore would have little impact on the nation's
energy situation.

On June 18, Idaho Governor Cecil Andrus wrote
FERC Chairman Martin Allday saying in part, 'I fail to
see that passage of H.R. 776 will damage national
goals.... I have no objection to development of
environmentally-sound hydropower and support
achievement of national goals of energy
independence.' The Governor continued by saying
that once a state, through a lengthy planning and
public involvement process, decides that 'protection
of the stream environment to preserve outstanding
fish and wildlife, recreation, geologic or aesthetic
values is more important than exploitation of the
hydro potential of the stream, construction of a
hydropower project on such a stream would not be
environmentally sound. Such decisions and allocation
of resource uses are best made at home, within the
state and local area where other affected interests are
fully considered. I do not believe that FERC is
qualified to assume the role it is attempting to play
from the Nation's capitol in resource allocation and
protection.... FERC should have no authority to
license a hydroproject on any stream reach that has
been protected by law under a state rivers program....
I believe the interests of the public and the
environment are best served by a recognition that
scarce western water resources should be allocated
and protected by state administration.'

Governor Andrus went on to call attention to the
disastrous failure on June 11 of a penstock
constructed as part of the Marysville hydroproject
licensed by FERC on the Falls River in eastern Idaho.
Tens of thousands of tons of sediment washed out
into 'one of the premier fishing streams of the nation.'
The governor said, 'It is my belief that the cause of