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0016S r August 21, 1992 Issue No, 953 WESTERN STATES WATER THE WEEKLY NEWSLETIER OF THE WESTERN STATES WATER COUNCIL editor - Tony Willardson Creekview Plaza, Suite 11.-201 I 942 East 7145 So. I Midvale, Utah 84047 I (801) 561-5300 I FAX (801) 255-9642 typist - carrie Curvin CONGRESSIONAl UPDATE Water ResourceslEnergy The Congress has adjourned for its August recess, When it returns after Labor Day, important water related bills will be waiting for action. The Senate has passed and returned to the House, insisting on its amendments, the FY93 energy and water ~ development bill (H.R. 5373). Senate Conferees were ... named on August 3 0NSW #952). The House and Senate must also agree in conference on changes to H,R. 776, the National Energy Policy Act 0NSW #951). The bill includes important water related provisions on federal hydropower licensing, state protected rivers, water efficient plumbing fixtures, and fishways, With respect to the latter, Senate minority staff have expressed concern that the House bill gives the U.S, Fish and Wildlife Service and the National Marine Fisheries Service complete discretion 'to prescribe fish passage downstream and upstream...for any migratory or non- migratory fish,' This could be construed to include flows as well as facilities. Further, Senate staff may try to expand the intent of the 'Miller amendments' to require FERC to comply with any comprehensive state plans for any waterway, under Section 10(a), and not just state protected recreational rivers. Considerable disagreement remains over many energy provisions, House and Senate staff have met often since the bill was passed to work out differences. The fate of the bill may depend on the conference result, as the Bush Administration has threatened to veto the House passed bill. - Substantial uncertainty also remains over the fate of the omnibus Reclamation package (H,R. 429), House and Senate staff have met and identified over a dozen different issues that need to be resolved, though many provisions of both bills are identical, chairman - Dave Kennedy executive director - Craig Bell including reauthorization of the Central Utah Project. The key issues involve the Central Valley Project and Reclamation farm subsidies. Rep, George Miller (D- CA), and Senators Bill Bradley (D-NJ) and Jay Bennett Johnston (D-LA) have proposed major changes opposed by farmers (see WSW #951). Senator Johnston, who will co-chair the conference, has decided not to meet wnh House conferees until after the August recess. Earlier this year, President Bush promised CVP farmers he would veto any Miller- Bradley bill. On August 6, the House Public Works and Transportation Committee, chaired by Rep. Robert Roe (D-NJ), reported a $3,16B omnibus Corps of Engineers water project authorization bill (H.R. 5754). However, other House committees have asked for referral. The Administration reportedly opposes the bill because it varies from the 1986 cost sharing principles, and authorizes projects that have not completed the Corps review process. Of note, the Committee dropped a $689M au1horization for a flood control project on the American River above Sacramento, the Auburn Dam. Companion legislation has been introduced in the Senate (S, 2500). WATER RESOURCES Drought/Water Supply Outlook According to the August 15 Palmer Drought Index, severe to extreme drought condnions persist in the Columbia River Basin of the Pacific Northwest, including most of Washington, Oregon, and Idaho, northern Nevada, the northern two-thirds of California, most of Utah, western Colorado, northeast and southwest Wyoming, and central North Dakota. Moderate to severe drought condnions exist in southern California, northern Nevada, most of Montana, most of Kansas, some portions of Oklahoma and Nebraska, and other isolated areas. In general,