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WESTERN STATES WATER n016G~ September 18, 1992 Issue No. 957 __i"'--:-.~~:-'-'-'. TIlE WEEKLY NEWSLETIER OF TIlE WESTERN STATES WATER COUNCIL Creekview Plaza, Suite A-201 I 942 East 7145 So. I Midvale. Utah 84047 I (801) 561-5300 I FAX (801) 255-9642 editor - Tony Willardson typist - Carrie curvin chairman - Dave Kennedy UTIGATION~~RONMENT executive director - Craig Bell Wetlands . The Seventh Circuit Court of Appeals has vacated an earlier ruling which held that the Clean Water Act (CWA) does not give EPA jurisdiction to regulate Section 404 dredge and fill activities on isolated intrastate lands (Hoffman Homes Inc. v. EPA, No. 90- 3810 (7th Cir., Sept. 4, 1992)). The case involved a wetland area of less than one acre located near Chicago, Illinois, that Hoffman filled to develop a subdivision rNSW #938). In 1988, EPA filed a complaint against Hoffman for developing the wetland without a Section 404 permit. EPA'sChief Judicial Officer ruled that the agency's Section 404 authority extended to the area, and that a Section 404 permit was required for the development to proceed, The Seventh Circuit reversed the EPA ruling on the basis that the agency had no jurisdiction over the isolated wetland area. EPA petitioned the Seventh Circuit for a rehearing of its decision, The circuit court granted the petition and subsequently vacated its earlier ruling. It also ordered the parties to attempt to settle the matter by negotiation, If a successful settlement is reached, the circuit court is unlikely to issue any formal opinion to replace the vacated one, If no settlement is reached, the court will rehear the case and another opinion will be written, WATER RESOURCES . Drought/Water Banks Through August 12, California had purchased 155,000 acre-feet (AF) of water for its 1992 drought water bank, including 10,000 AF from surface water sources. and the remainder from conservation measures and ground water. Some 28,000 AF will be used to ensure delta water quality requirements are met, leaving a net supply of 127,000 AF, Of that amount, 83,000 AF has been allocated to agricultural uses, which is almost identical to the amount allocated last year. Another 26,000 AF has been allocated to urban uses, and the remaining 18,000 AF to the California Department of Fish and Game. The basic purchase price in 1992 has been $50 an acre- foot, with carriage losses through the Delta to meet water quality requirements and other purchase costs adding $17 per acre-foot and administration expenses another $5, for a total of $72 per acre-foot. Last year, the state's basic purchase price was $125 per acre-foot, other costs added $45 per acre- foot, and administration another $5, for a total of $175 per acre-foot. In 1991 the state purchased 820,000 AF, Over half of that amount came from agreements signed early in the year by farmers to fallow lands or forego irrigation, The state acquired 420,000 AF from fallowing over 166,000 acres, mostly corn (59,276 acres), wheat (43,584), pasture (16,188), alfalfa (10,219), sugar beets (9,951) and rice (8,180), Of the remaining 400,000 AF acquired, 260,000 AF was ground water and 140,000 AF surface water. Delta water quality requirements and other adjustments left a net water supply of 660,000 AF. Agricultural users purchased 83,000 AF, and urban users 307,000 AF. The Metropolitan Water District of Southern Calffornia purchased 215,000 AF, the Kern County Water Agency in Bakersfield 53,797 AF, the City of San Francisco 50,000 AF, the Santa Clara Valley Water District 19,750 AF, the Alameda County Water District 14,800 AF, the Contra Costa Water District 6,717 AF and other municipal water districts purchased smaller amounts. The Westlands Water District in the southern San Joaquin Valley purchased 13,820 AF for agricultural use and the nearby Dudley Ridge Water District 13,805 AF. Of note, the state acquired