WSP03125

• File Number: 8021
• Description: Section D General Correspondence - Western States Water Council
• State: CO
• Basin: Statewide
• Date: 7/2/1999
• Author: WSWC
• Title: Western States Water - Weekly Newsletter of the Western States Water Council - 1999-2001 - 07-02-99 through 08-10-01 - With Indices
• Water Supply Pro - Doc Type: Publication

0028.?~
..J

')

and must recognize water rights held by others, "the
United States typically argues that McCarran is not
applicable because the United States is not claiming a
'water right.' If the Supreme Court was unwilling to allow
the United States to 'enervate' McCarran by excluding
'ubiquitous' Indian water right claims that are asserted in
fulfillment of the trust responsibility of the United States,
then the federal agencies cannot be allowed to
eviscerate McCarran by the simplistic device of
redefining federal uses of water for ESA purposes as
something other than a water right in order to obtain
water for the even more common claims to the use of
water for the protection of endangered species."

Other witnesses included agriculture, water
conservancy district, and environmental representatives.
Cathy Carlson, representing the National Wildlife
Federation, highlighted successes of the ESA, including
recovery of the bald eagle and the gray wolf. She
concluded that the "real challenge under the
Endangered Species Act. going forwards in time, is the
need for more funding for threatened and endangered
species programs. Once a species is identified as
threatened or in danger of extinction, funds are needed
to develop and implement effective management
strategies forthe recovery, and ultimately, the de-listing
of the species. Instead, in recent years Congress
appears more inclined to block needed funds for species
recovery efforts, placing the burden on the states, and
ultimately on landowners to develop strategies which are
poorly funded and poorly executed due to lack of
resources."

In a subsequent interview, Congressman Bob
Schaffer (R-CO), who took an active role in the field
hearing, made clear that no legislation to reform the ESA
is anticipated in this Congress. He said, "I think the
House of Representatives is doing the right thing by
holding field hearings and making common sense
proposals. The Senate has also proposed sweeping
reform, and we are using this period to refine our
legislation to hold up to the scrutinizing of opposition and
criticism. So that come 2001, ...lhe Congress will be
ready to go with a solid, broad, ambitious piece of
legislation designed to restore credibility to the
Endangered Species Act. honor the rights of property
owners, and actually assist the recovery of endangered
species,"

Regulatory Retonn

This past week the Senate Govemment Affairs
Committee approved a bill, S. 1214, to prevent the

-'j

federal government from preempting state and local
government authority. While proponents argue that the
bill protects states' rights, opponents claim the bill wouic
interfere with the federal government's ability to protect
the public health and the environment. The bill would
require Congress and the executive branch to
deliberately identify any sections of a bill or rules where
they would be preempting state and local authority and
provide the reasons for doing so. Also, a statute or rule
would have to expressly state that preemption is not
allowed, or else any ambiguity would be construed in
favor of preserving the authority of state and local
governments. Opponents, including the Clinton
Administration, argue that the requirements of the bill are
too burdensome, call for excessive consultation with
state and local governments, would spur lawsuits, and
most importantly, undermine national publiC health,
safety and environmental standards. A companion bill,
H.R. 2245, was recently approved by the House
Government Reform Subcommittee on Regulatory
Affairs.

MEETINGS

The Native American Rights Fund and Western
States Water Council are holding another symposium on
Indian water rights settlements to be held September 8-
10 in Missoula, Montana. A registration form has beer
distributed to previous attendees. The advance
registration deadline was August 13, but registrations
may still be accepted, although at an increased fee.

The meetings will be held at the Holiday Inn
Missoula Parkside. Their number is [phone].
Governor Marc Racicot will be speaking to open the
symposium. David Hayes, Acting Deputy Secretary of
Interior, supervising the negotiated settlement program,
has confirmed his attendance. Several other federal,
tribal, state, and local, governrnent representatives who
have been involved in the negotiation process will be
featured speakers. In addition, the Confederated Salish
& Kootenai Tribes have graciously offered to provide a
social/cultural activity for attendees on Thursday,
September 9th. Altogether, we expect another fine
symposium and an excellent opportunity to share
perspectives with key individuals within the
Administration and the Congress.

Continuing legal education credit (CLE), will be
available. If you have any questions regarding the
symposium, please feel free to call the Council, or the
Native American Rights Fund at [phone].

The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors
of member states - Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota,
Oregon, South Dakota, Texas, Utah, Washington and Wyoming - and associate member state Alaska.