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WESTERN STATES WATER . 00166Q rP October 30, 1992 Issue No. 963 THE WEEKLY NEWSLEITER OF THE WESTERN STATES WATER COUNCIL editor - Tony Willardson Creekview Plaza, Suite A-201 I 942 East 7145 So. I Midvale, Utah 84047 I (801) 561-5300 I FAX (801) 255-9642 typist - carrie Curvin ENVIRONMENT/wATER RIGHTS New Mexico/Federal Reserved Water Rights . Federal Bureau of Land Management (BLM) officials have reported what they consider to be creation of the first instream flow water right in New Mexico. It was established pursuant to the reserved rights doctrine to protect a stretch of the Red River. Unlike most western states, New Mexico statutes do not specifically provide protection for instream flows, Operation of state law results in some indirect maintenance of such flows. The Red River was among the first to be recognized under the federal Wild and Scenic Rivers Act Federal claims to protect the river were made some 14 years ago in a court proceeding, In 1984. the New Mexico State Engineer's Office. BLM, the Forest Service, and Mollycorps agreed, by negotiation, to an average monthly flow for certain stretches of the river. Recently, an agreement was reached to allow the federal water rights to protect that flow to be established by a final court order, after a number of objections to the claims had been overcome, Federal reserved rights for large spring complexes on the Red River and Rio Grande were also created pursuant to the order. In addition, BLM attained appropriative water rights under state law for wells in the wild and scenic river recreation area, and for livestock and wildlife purposes, WATER QUAUTY . Clean Water Act - Reauthorization In public appearances recently, Senate Environment Committee minority staff have indicated that a CWA bill sponsored by minority committee members focusing on watershed planning will be cha~rman - Dave Kennedy executive director - Craig Bell introduced very early next year. The major provisions of this streamlined reauthorization measure were set forth in an outline circulated some months ago, They include emphasis on a' national non-point source pollution control program, combined sewer overflow provisions allowing site-specific flexibility, stormwater discharge standards, and the implementation of expanded permit fees. The bill will also continue the state revolving loan fund program, with changes to the underlying allocation formula that would tie state funding to watershed protection efforts, and will include some provisions on wetlands, The Clean Water Act (CWA) was considered for reauthorization in the 102nd Congress: hearings were held in both the House and Senate, and the Senate considered a major reauthorization bill (S. 1081; WSW #889, 924), The Senate legislation, initially written and later revised by the majority staff of the Environment and Natural Resources Committee, proposed significant changes to the CWA Minority committee members complained that the bill did not reflect their views fYVSW #924). In the House, the Public Works and Transportation Committee held hearings designed to gather information and data upon which a CWA reauthorization bill could be based, The Committee chair requested staff to write a bill. No legislation was introduced, however. Given the expected turnover in House members, including those in key committee leadership positions, it is uncertain when during the 103rd session the House will renew its focus on the CWA reauthorization. The same is true in the Senate. One issue of particular importance is wetlands policy. The Senate paid little attention to wetlands issues in the 102nd Congress, and made no effort to include such issues in the CWA reauthorization debate generally. The House took a harder look at wetlands issues (but passed no legislation) apart from its consideration of