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<br />district's project was already fully regulated under the
<br />water rights provisions of state law. The district
<br />sought federal permission to install hydroelectric
<br />facilities to generate power from water which had to
<br />pass by its dams pursuant to the exercise of those
<br />water rights. The license application treated
<br />hydroelectric generation as an incidental use to be
<br />added to the multiple uses for which the project was
<br />regulated under state law. When FERC issued the
<br />license, it recognized this concept and simply
<br />incorporated the full range of provisions concerning
<br />beneficial uses that made up the district's state-issued
<br />water rights for its project.'
<br />
<br />While familiar with the Rock Creek project, EBMUD
<br />believes their situation is 'factually distinguishable,"
<br />and contends that there is 'a legal issue concerning
<br />the interplay between state law and the Federal
<br />Power Act.' The district asserts it would be preferable
<br />for FERC to exercise its jurisdiction subsequent to
<br />completion of the Board's comprehensive water rights
<br />proceedings, "consistent with Sections 6 and 27 of
<br />the Federal Power Act, with case law, and with
<br />general principles of good resources management
<br />policy.' EBMUD points out the role of the Board is to
<br />'comprehensively view the competing and conflicting
<br />claims to use of Mokelumne waters, to balance those
<br />needs with regard to water rights, public trust uses,
<br />and other factors required under state law. FERC, in
<br />contrast, is to view the facts from the narrow
<br />perspective of the Federal Power Act and regulatory
<br />authority focusing on one of the multiple uses,..."
<br />FERC defines its role much more broadly,
<br />
<br />WATER RESOURCES
<br />
<br />New Mexico/pecos River
<br />
<br />The New Mexico Interstate Stream Commission
<br />recently leased some 15,000 acre-feet of stored
<br />Pecos River water from the Carls bad Irrigation District
<br />to supplement flows during October of this year.
<br />Under the agreement, farmers in the irrigation district
<br />will be paid $50 an acre-foot for water and fallow their
<br />lands. The water will be stored in four reservoirs, and
<br />then released as necessary to help meet Pecos River
<br />Compact requirements. The U,S. Supreme Court, in
<br />Texas v. New Mexico, ordered New Mexico to pay
<br />$14M for past shortages and in the future meet
<br />compact water delivery obligations. The New Mexico
<br />legislature provided funding for acquiring water rights
<br />
<br />in the Pecos River Basin as part of a plan to assure
<br />that the state continues to comply with its water ....
<br />delivery obligations to Texas (see WSW #942). ~
<br />
<br />WATER RESOURCES/AGRICULTURE
<br />
<br />Soil and Water Conservation
<br />
<br />USDA's Soil Conservation Service has released a
<br />plan of work (POW) for its third in a continuing series
<br />of appraisals under the Soil and Water Resources
<br />Conservation Act of 1977 (RCA: P,L. 95-192). A
<br />public review meeting is scheduled for September 15,
<br />in Washington, D.C. The appraisal will form the basis
<br />for a strategic plan or national conservation program
<br />(NCP) for 1998-2007. The POW presents the mission
<br />and background of the appraisal and describes how
<br />soil, water, and related environmental resources will
<br />be studied. For copies contact James Maetzold,
<br />SCS. (202) 720-0132,
<br />
<br />Water Resources Research
<br />
<br />Interior Secretary Manuei Lujan recently
<br />reestablished an Advisory Committee on Water Data
<br />for Public Use to represent the interests of the non-
<br />federal community of water resource professionals
<br />and other water-information users. The committee will ....
<br />review federal water-information activities, plans and ."
<br />programs and their effectiveness in meeting national
<br />needs. For information. contact Nancy Lopez, Chief,
<br />Office of Water Data Coordination, U,S. Geological
<br />Survey. (703) 648-5016.
<br />
<br />PEOPLE
<br />
<br />Harold (Hal) Simpson, Colorado's State Engineer,
<br />and Daries (Chuck) Ule, the new Director of the
<br />Colorado Water Conservation Board, have been
<br />appointed to the Western States Water Council.
<br />Respectiveiy, they replace Jeris Danielson and Dave
<br />Walker. Hal has been the assistant state engineer
<br />since 1985, and is recognized as one of the top
<br />technical experts on Colorado water law and
<br />interstate compacts, Since 1978, Chuck served the
<br />state as Division Engineer for Water District 7 in
<br />Durango. He played a key role in negotiating the Ute
<br />Mountain Ute and Southern Ute Indian reserved rights
<br />settlement. Attorney James S. Lochhead represents
<br />Colorado on the Upper Colorado River Commission
<br />and has been named as an alternate WSWC member.
<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, and associate member state Oklahoma
<br />
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