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<br />ENVIRONMENT/ENERGY
<br />Salmon/Hydropower
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<br />The Clinton Administration has announced an
<br />agreement, with Senators Mark Hatfield (R-OR), Patty
<br />Murray (D-WA), Max Baucus (D-MT) and other
<br />members of Oongress, that is designed to help save
<br />salmon from extinction without further increasing
<br />regional hydropower rates. The agreement calls for the
<br />Bonneville Power Administration (BPA) to spend $435
<br />million annually to alter hydropower operations and
<br />protect salmon runs in the Columbia and Snake RiverS.
<br />A contingency fund of $325 million, earned by the BPA
<br />from fish protection credits over the, past fifteen years;
<br />was also set aside in case of below-normal rainfall or
<br />court orders requiring more fish protection measures.
<br />Senators Hatfield and Slade Gorton (R-WA) had earlier
<br />stated' that the only way to avoid rate hikes resulting
<br />from salmon rElcovery effOrts, was to pass a law capping
<br />the costs and' exempting' salmon "recovery from
<br />environmental protection laws, The Administration
<br />threatened to veto any effort to suspend environmental
<br />laws protecting salmon: Vice President Gore praised the
<br />new agreement as proving'"that economic concems can
<br />be addressed without overriding environmental laws,"
<br />and demonstrating the ESA's flexibility.
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<br />ENVIRONMENT
<br />Wetlands
<br />
<br />On November 1, ,the Senate Environment
<br />Committee's Subcommittee on Clean Air and Wetlands
<br />held ,fhearingon'the,Wetlands Regulatory Reform Act
<br />of 1995 (S. 851), introduced by Senator J. Bennett
<br />Johnston (D-LA). The,blll is similar to a provision in the
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<br />Clean Water~ Act'(H.R. 961) that passed the House
<br />earlier tnis year, prepared by Rep. Jimmy Hayes (D-LA).
<br />Subcommittee Chair Lauch Faircloth (R-NC) supports
<br />the bill. Committee Ghair.Jehn-Ghafee (R,RI) does not.
<br />S",851 defines wetlands to 'include areas inundated for
<br />at 'least three consecutive weeks during a farmer's \
<br />, gr.owing season andthlll Suppoft,,'aquatic plants, I
<br />Wetlands would be designated into pJasses (A, B or C)
<br />according to their value. and functions and protected
<br />accordingly. EPA's role would be reduced, with greater
<br />authority given the states, the Corps ,of Engineers and
<br />the Department of Agriculture, EPA would lose its veto
<br />powers, but advise the Corps on permits. 0r11y'the
<br />Corps would have authority to rescind authority
<br />delegated to the states to issue permits. The Corps
<br />is also, directed to develop a mitigation banking
<br />program,' Most regulatory activities on agricultural
<br />wetlands Would fall under' the jurisdiction of the
<br />Department of Agriculture.
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<br />L1TIGA TIONIWA TER RESOURCES
<br />Texas/Edwards Aquifer
<br />
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<br />A Texas state district court judge issued' a
<br />permanent injunction against the state legislature's plan
<br />for management of the Edwards Aquifer on October 27
<br />(WSW #994 and #992). The aquifer is the sole water
<br />source for San Antonio and supplies over a million
<br />Texans. In an attempt to avoid protracted legal battles
<br />over tfie use of water from the Edwards, and its effect on
<br />springs and endangered species, the legislature passed
<br />a management. plan in June 1993. In the absenC'e of
<br />state action, Interior Secretary Bruce Babbitt had
<br />threatened action under the Endangered Species Act to
<br />protect species dependent on discharges from the
<br />aquifer. Attomeys for farmers in Medina and Uvalde
<br />Counties argued that the state plan to limit ground water
<br />pumping violated their rights under the Texas
<br />Constitution, Judge Mickey Pennington agreed.
<br />
<br />Attomeys for the San Antonio water system fear the
<br />permanent injunction could leave the door wide open for
<br />federal management. Federal District Court Judge
<br />Lucius Bunton has scheduled a hearing on the matter.'
<br />The Sierra Club won a 1990 lawsuit in Bunton's court to'
<br />protect endangered species. He has previously said lie
<br />would order the U.S. Fish and Wildlife Service to impose
<br />strict pumping limits on the aquifer by January 1. The
<br />Sierra Club is expected to ask the U.S. Fifth Circuit
<br />Court of Appeals to lift an order prohibiting Bunton from
<br />ruling on the matter while the state plan was under
<br />review. The Texas Legislature meets again in 1997.
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<br />WATER QUALITY
<br />Safe Drinking Water Act (SDWAI
<br />
<br />Senate floor action on Safe Drinking Water Act
<br />Amendments (S, 1316), introduced three weeks ago
<br />(V'/sVV#1119), ;s poss;ble-socn. Last week. the Senate
<br />Environment and Public Works Committee unanimously
<br />approved the bill, which has gained a broad coalitionaf'
<br />support81'S; il'tCluding Committee Chair John Chafee (R-
<br />RI) anchalikingminority member Max'B~cus (D-MT).
<br />Some'mirior amendments-were ap>p,roved'at mart<~up on
<br />October' 24. ''One would allow EPA t61'change radon
<br />standal1ts, 'wnile another would require 'EPA'to set
<br />bottled'Water standards for contaminants regulated for
<br />public water supplies. Another would allow 'stat~s' to
<br />spend up to 15% of the SRF allocation on source water
<br />protection or land acquisition, but no more'than 10% on
<br />either one. The Senate EPA appro'priations bill would
<br />provide $500 million for the SRF, 'while the House bill
<br />provides no funding for the SRF:' '
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<br />Thlil WESTERN STATES WATER COUNCIL Is an organization of representatives appointed by. the qpvernors
<br />of member states - Arizona, California, Colorado, Hawaii, Idaho, Nevada, New Mexico; North Dakota;"O'~on,
<br />South Dakota, Texas, Utah. and Wyoming - and associate member states Alaska, 'Montana and Washrngton.
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