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r. f1l ~ ,< '7 I .' '~ ~. 0", lQ ~. j '. v ... December 18, 1992 Issue No. 970 WESTERN STATES WATER . TIIE WEEKLY NEWSLElTER OF TIIE WESlERN STAlES 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 ENVlRONMENT/WESTERN GOVERNORS Endangered Species Act/WGA At ~s recent mid-winter meeting the Western Governors' Association (WGA) adopted a resolution recommending reauthorization of the Endangered Species Act (ESA) and only amendments necessary to make the Act 'more understandable and workable.' . The Governors stated that the roles, responsibil~ies and incentives provided the states and stakeholders to help in the recovery of threatened and endangered species must be signilicantly enhanced and that the Act should require state and stakeholder notilication and any opportun~ to comment prior to any agency decision. 'Congress should ensure that states are partners in establishing and implementing recovery plans, developing habitat evaluations, and mon~oring and managing species while listed,' the WGA said. The resolution agrees that the listing of threatened and endangered species should continue to be based solely on the best scientilic data available, and recommends that amendments address the backlog of species that are candidates for listing and provide needed fleXibility in meeting deadlines. Further, the Act should be amended to authorize agencies to list species as clusters, where appropriate, and designate critical habitat and development of recovery plans for clusters or related groups. Designation of critical habitat and the development of recovery plans should occur concurrently, w~hin a specified period of time after a species or cluster has been listed. . The resolution also Ilrges Congress to direct agencies to respect the current distinctions between endangered and threatened species and provide greater f1exibil~ in managing threatened species. While agreeing that 'regulated' takings by government agencies are appropriately limited to extraordinary chairman - Dave Kennedy executive director - Craig Bell cases, the definition of an extraordinary case is too rigid and should be modilied to allow greater flexibil~ to decide when regulated takings are appropriate. The resolution notes that the de-listing of species has proceeded at 'a glacial pace,' and recommends that the Act mandate relevant agencies specify in recovery plans quantiliable objectives that, if met, would require the agencies to start the de-listing process. While recognizing that economic impacts are considered in designating critical hab~at and adopting recovery plans, the WGA states such impacts are a resu~ of the national prior~ placed on species survival, and should be m~igated through federally funded measures. Finally, the WGA resolution urges Congress to substantially increase funding and adequately support federal agencies responsible for implementing the Act, and also states, local governments and private concerns dealing with the recovery of threatened and endangered species. WATER aUALlTY/WATER RESOURCES CaJifornia/Sacramento-San Joaquin Delta A long-awaited set of proposed rules to protect the habitat of fish species in the Sacramento-San Joaquin De~a was released by the California State Water Resources Control Board on December 10. EPA has pressured the state to complete interim standards to protect the De~a while a long-term solution is developed. The rules could significantly affect future water deliveries to many California users over a 5-year period, while the state stlldies and implements a long-term protection plan. Overall water exports from the De~a will be diminished by an average of 800,000 acre-feet per year. In dry years, deliveries from the State Water Project and the federal Central Valley Project could be reduced by nearly 2M acre-feet. Reductions would be approximately one-