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<br />federal reclamation projects or a combination thereof
<br />(Section 2405); and authority for the Secretaries of
<br />Interior and Army to plan, design, construct, operate
<br />and maintain generation additions, improvements and
<br />replacements at federal projects in the Pacific
<br />Northwest, "without further appropriation and without
<br />fiscal year limitation," with the concurrence of the
<br />Bonneville Power Administration beginning October 1.
<br />1993 (Section 2406). Section 2407 relates to the
<br />exemption of certain projects in Alaska, and Section
<br />2408 requires a study of transferring licensing
<br />authority for hydroelectric projects to the state of
<br />Hawaii. H.R. 776 awaits the President's signature to
<br />become law.
<br />
<br />ENVIRONMENT
<br />
<br />Endangered Species Act Reauthorization
<br />The Endangered Species Act (ESA) was
<br />considered for reauthorization in the 102nd Congress.
<br />but the debate never became focused. ESA funding
<br />was provided under a continuing resolution; the act's
<br />authority provisions are permanent. While there was
<br />little debate on the reauthorization. a number of bills
<br />were introduced and some hearings were held, The
<br />bills included: H.R. 3092. requiring consideration of
<br />economic factors in the decision to list a species,
<br />sponsored by Rep. Hansen (R-UT); H,R, 4045.
<br />reauthorizing and amending ESA, introduced by Rep.
<br />Studds (D-MA); H.R. 4058, requiring preparation of an
<br />economic impact analysis concerning implementation
<br />of the act and requiring compensation where the ESA
<br />causes taking of private property, sponsored by Rep,
<br />Dannemeyer (R-CA); and H,R. 5105, also requiring
<br />an economic impact analysis before a species is
<br />listed. introduced by Rep. Chandler (R-WA),
<br />
<br />The Senate considered three ESA-related bills: S,
<br />1491. to create a "Partnership for Wildlife" and provide
<br />funding to designated state agencies (on a matching
<br />basis) to carry out eligibie wildlife conservation and
<br />appreciation projects, introduced by Senator Mitchell
<br />(D-ME); S. 2953, to amend ESA to clarify citizen suit
<br />provisions and to reverse a U,S, Supreme Court
<br />decision holding that ESA does not apply to actions
<br />of U,S, corporations in foreign countries. introduced
<br />by Senator Metzenbaum (D-OH); and S. 3159, to
<br />require more emphasis on economic considerations
<br />and compensation for actions that affect private
<br />property rights. introduced by Senator Symms (R-ID),
<br />
<br />A number of organizations. both those supporting
<br />ESA and those desiring to change it, are currently
<br />
<br />preparing for renewed debate on the ESA
<br />reauthorization next year. President Bush has said,
<br />'1 will not sign any extension of the [ESA] that doesn't
<br />allow consideration of local economic impacts. We
<br />need to put people and jobs ahead of birds and
<br />bugs.' Governor Clinton's published environmental
<br />views include preserving 'ancient forests' in the
<br />Pacific Northwest, assuring "no-net-loss' of wetlands,
<br />and providing a general "conservation ethic' in federal
<br />decision making.
<br />
<br />.
<br />
<br />LlTlGATION/WATER RESOURCES
<br />
<br />Utah/Drought
<br />Dwindling water supplies in Northern Utah have
<br />led to a lawsuit concerning control of carryover
<br />storage water in Porcupine Reservoir. The reservoir's
<br />capacity is approximately 12,000 acre-feet, of which
<br />1500 acre-feet, (1000 acre-feet of 'dead storage' and
<br />500 acre-feet of "active storage") are allocated for fish
<br />and wildlife under a contract between the Porcupine
<br />Reservoir Company and the Utah Division of Wildlife
<br />Resources, This year the reservoir did not fill.
<br />Irrigation water deliveries continued from available
<br />supplies in the reservoir's pool until the Utah Division
<br />of Wildlife Resources asked the State Engineer to
<br />order the deliveries halted after they had dropped
<br />below the 1500 acre-foot mark, The state was acting
<br />to protect habitat for Kokanee salmon. After the
<br />irrigation deliveries stopped, irrigators brought suit
<br />asserting their senior right to 10,500 acre-feet of
<br />annual storage from the reservoir.
<br />
<br />.
<br />
<br />A Utah district court upheld the State Engineer's
<br />decision to protect the junior right for fish and wildlife
<br />and required a local water commissioner to stop
<br />irrigation deliveries (Porcupine Reservoir Co. v.
<br />Morqan, Civ, No, 920000122, Sept. 10, 1992). The
<br />court said "As a matter of law, the contract
<br />between...Porcupine Reservoir Company and the Utah
<br />Division of Wildlife Resources entitles said division to
<br />store and utilize 1000 acre-feet of dead storage and
<br />500 acre-feet of active storage capacity in [the]
<br />Reservoir..,at its discretion, Specifically with regard to
<br />the 500 acre-feet of active storage, the division may
<br />carry such stored water from year to year for fish
<br />culture use in the Reservoir itselLor may release
<br />such water to augment flows below the Reservoir for
<br />fish culture. Any water so released will be junior to
<br />the Porcupine Reservoir Company in the refilling of
<br />the Reservoir the following year."
<br />
<br />.
<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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