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<br />program, and establishes a sediment survey and
<br />monitoring program. It amends the Ocean Dumping
<br />Act to improve management of dredged material.
<br />EPA must concur with Corps permit decisions. The
<br />state role is also strengthened by allowing adoption
<br />of state standards more stringent than federal
<br />requirements under certain circumstances, thereby
<br />eliminating preemption of state environmental
<br />standards.
<br />
<br />WATER RIGHTS
<br />
<br />Model Water Allocation Code
<br />
<br />A special task committee of the American Society
<br />of Civil Engineers (ASCE) is preparing its third draft
<br />'Model Water Allocation Law.' At a recent meeting,
<br />assignments were made for revision of several
<br />portions of the code for the third draft. The
<br />committee also determined that there was a need for
<br />additional people to participate in a workshop
<br />planned at Park City, Utah, on July 23,1993 to review
<br />the third draft. Further, a Model Code Standards
<br />Committee is being formed. Likely tasks include: (1)
<br />preparation of separate codes for riparian and
<br />appropriation states based upon the model code; (2)
<br />preparation of a model interstate water allocation
<br />compact; and (3) preparation of a model water quality
<br />code. The first meeting of the Standards Committee
<br />will likely be held in Dallas, in October of 1993.
<br />Throughout the authorized period for the task
<br />committee the members have been; Ray J. Davis,
<br />professor of law at Brigham Young University (Chair);
<br />Jay Bagley, professor emeritus of civil engineering at
<br />Utah State University; Leonard Rice, consulting
<br />professional engineer from Denver; and William Cox,
<br />professor of engineering at Virginia Tech. According
<br />to Mr. Davis, water resource professionals throughout
<br />the country have been made aware of the existence
<br />of the project and have been invited to participate.
<br />
<br />The Association of Western State Engineers
<br />provided a response to the second draft allocation
<br />law by way of a resolution adopted September 24,
<br />1992. The resolution notes in part that the 'model
<br />code contains many suggested provisions which are
<br />poorly written and confusing, lack clarification, cannot
<br />be administered, are imprecise, contain conflicting
<br />language, or place the states in the position of
<br />administering provisions of various federal laws.'
<br />For this and other reasons, the Association resolved
<br />
<br />to 'oppose ASCE efforts to suggest adoption of ~s
<br />model water code as a standard by which legislation
<br />may be judged.' At the same time, Association
<br />members, both individually and collectively, expressed
<br />their willingness to lend assistance to any state that
<br />does not have a water code and desires to enact
<br />one.
<br />
<br />.
<br />
<br />In a letter dated October 27th, Professor Davis
<br />responded by acknowledging that the code provisions
<br />as then wr~en were not adequate to assist a state
<br />legislature which might be considering alterations or
<br />add~ions to the state's water laws. He noted,
<br />however, that tt]e project will go through at least two
<br />more complete drafts before it is available to the
<br />public. He also explained that the intent of the ASCE
<br />project 'is to provide policymakers with water law
<br />provisions they might want to consider rather than to
<br />replace existing codes.' Further, he said, 'we believe
<br />that the major use of the code will be in regulated
<br />riparian rights states.' He concluded by asking for
<br />any further input from the Western State Engineers or
<br />from other states during the drafting process.
<br />
<br />WESTERN GOVERNORS
<br />
<br />Four Council member states have newly-elected
<br />Governors. In Montana, State Attorney General Marc
<br />Racicot (R) defeated State Rep. Dorothy Bradley (D).
<br />Governor Stan Stevens (R) will retire. In North
<br />Dakota, Ed Shafer (R), a business man, defeated
<br />Attorney General Nick Spaeth (D). Governor George
<br />Sinner (D) chose not to run for reelection. In Utah,
<br />Mike Leavitt (R) won a plurality contest over Merrill
<br />Cook (Ind.) and Stewart Hanson (D). Governor
<br />Norman Bangerter (R) ends his political career after
<br />8 years as Governor and 10 years in the state
<br />legislature. In Washington, Mike Lowry (D), former
<br />U.S. Rep., defeated Attorney General Ken Ikenberry
<br />(R). Overall, Republicans gained one governorship.
<br />
<br />.
<br />
<br />ORGANIZAllONS
<br />
<br />The Association of State Dam Safety Officials
<br />(ASDSO) has announced a new scholarship program
<br />for undergraduate college students interested In dam
<br />safety engineering careers. Two scholarships, one
<br />each to a junior and a senior, will be awarded starting
<br />w~h the 1993 school year. For applications, which
<br />are due Jan. 15, contact ASDSO at P.O. Box 55270,
<br />Lexington, KY, 40555; (606) 257-5140.
<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.
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