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WESTERN STATES WATER ....~.. '; July 2. 1999 Issue No. 1311 G recycled paper conserves water THE WEEKLY NEWSLETTER OF THE WESTERN STATES WATER COUNCIL 942 East 7145 So, / Suite A-201 / Midvale, Utah 84047 / (801) 561-5300 / FAX 255-9642/ www,wesrgov,org/wswc Chairman - Francis Schwindt; Executive Director - Craig Bell; Editor - Tony WiIlardson; Subscriptions - Julie Starn ADMINISTRATIVE UPDATEIWATER QUALITY EPA/Safe Drinking Water Act On June 29, the U,S. Environmental Protection Agency (EPA) sponsored the first in a series of projected meetings to discuss the future of the Safe Drinking Water Act (SDWA). Attendees at the "Drinking Water Futures Forum" represented a broad range of interests from across the country, and included Shaun McGrath of the Western Governors' Association and Jim Alder, ) WSWC Legal Counsel. Discussion focused largely on source water protection, with most participants agreeing that the SDWA does not provide the necessary reguiatory tools, Participants felt that close coordination with the administration of the Clean Water Act, which appears to have the necessary regulatory authority to' provide protection for drinking water uses for surface waters, will be necessary to provide adequate protection for drinking water sources in the next 25 years, EPA representatives made clear that EPA has no intention of proposing new authority to regulate water quantity. Participants also expressed the need to inform and educate the public in general, and particularly potentially affected stakeholders in any regulatory action, about the need and means for source water protection, Educating the public about the need for wise growth using land growth planning as a means to protect drinking water quality was deemed crucial. The need for improved data regarding the connection between surface .water and groundwater that is transferable across jurisdictions was emphasized. EPA pians to continue these discussions at a similar meeting tentatively planned for sometime in September. CONGRESSIONAL UPDATE Endangered Species Act On July 29. the Senate EnVIronment and Public Works Committee approved S. 11 DO, which alters the' critical habitat designation process under the Endangered Species Act (ESA), The panel adopted several changes to the original legislation through a substitute amendment from Chairman John Chafee (R- RI), and adopted one of four amendments offered by Senator Hutchison (R-TX), before passing the measure by voice vote. The bill is narrower in scope than previous ESA reforms, It would allow the U,S, Fish and Wildlife Service to outline critical habitat at the time of recovery plan development, rather than when species are listed, The agency has been criticized by environmentalists because of the long lag time between listing and designation of critical habitat On the other hand, property owners and others have said it makes no sense to designate critical habitat based on faulty or incomplete information, By changing the requirements for the timing of designation of critical habitat, the bill is aimed in part at avoiding lawsuits by environmentalists. The other major element of S, 1100 requires a thirty-six month time frame for development of recovery plans. In situations where species face imminent extinction, critical habitat could be designated independent of recovery plans, Because of this new deadline, environmentaiists appear to be generally supportive of the legislation. The bill also sets a deadline of a 120 days maximum for the appointment of a recovery team, Hutchison's adopted amendment added owners of affected private property or their representatives to the roster of recovery teams, which typically are comprised of federal, tribal, state and local officials, academics, conservationists, busin'ess people and others concemed with endangered species, A priority ranking system was aiso established through Chafee's substitute where appropriations are too little to fulfill all the bill's mandates. Senator Hutchison offered amendments dealing with de minimus exemptions of residential, non-commercial partials of five acres or less, and the second with more use of local conservationists on recovery teams where feasible.