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<br />authorizes states to certify whether a proposed activity
<br />requiring a federal license or p,ermit complies with state
<br />water quality laws and standards, including designated
<br />uses.
<br />
<br />L1TIGA rlON
<br />
<br />Endangered Species Act
<br />
<br />The U.S. Supreme Court heard arguments this week
<br />in the case of Babbitt v. Sweet Home Chapter of
<br />Communities fora Greater Oregon. (WSW #1 078). The
<br />Case will decide whether the Endangered Species Act
<br />(ESA) prohibits changes to critical habitat' on private land
<br />resulting in the injury or death of endangered or
<br />threatened species. Sweet Home represented timber
<br />harvesters in the Pacific Northwest successfully
<br />challenging a U.S. Fish and Wildlife regulation
<br />interpreting "take" to include modifications to critical
<br />habitat on private lands resuiting in death or injury to
<br />protected species. Arguments this week centered on
<br />whether Congress intended to' focus on results or
<br />conduct in making it illegal to "take" endangered or
<br />threatened species. Also at issue is the question of
<br />whether the iaw has been given proper application on
<br />private lands. A ruling in the case is expected by June.
<br />
<br />Meanwhile, the Clinton Administration has released
<br />a package of improvements for ESA administration
<br />(WSW#1085). It promises "innovative, cooperative, and
<br />comprehensive approaches" to resoive controversies
<br />surrounding impiementation of the Act. It proposes
<br />"building stronger partnerships with States, iocal
<br />governments, private industry and individuals" and
<br />promotes administrative flexibility to minimize socio-
<br />economic effects, delay, and uncertainty,
<br />
<br />Among the particular reforms to ESA, the Clinton
<br />proposal recommends the use of peer review and
<br />information standards, listing petition standards,
<br />minimization of social and economic impacts through
<br />stakeholder invoivement in recovery plan development
<br />and implementation, and providing incentives to
<br />landowners to conserve species. It urges Congress to
<br />provide states with opportunities and incentives to retain
<br />jurisdiction over species management and to require
<br />special consideration of state scientific knowledge and
<br />information about species. It recommends that the
<br />federal government defer to state. conservation
<br />programs that promote species recovery, giving states
<br />an opportunity to assume the lead role on recovery
<br />planning and on non-federal habitat conservation. It
<br />further advocates removing obstacles to
<br />federal/state/tribal cooperation.
<br />
<br />WATER RESOURCES
<br />
<br />.
<br />
<br />Reclamation Reform ActlWater Conservation
<br />
<br />The U.S. Bureau of Reciamation has released a draft
<br />environmental impact statement (DEIS), dated March
<br />1995, followed on April 3 by new proposed rules and
<br />regulations for implementing revised acreage limitation
<br />and new water conservation requirements under the
<br />Reclamation Reform Act of 1982. The DEIS and
<br />proposed rules would replace and expand upon existing
<br />rules, in compliance with a settlement agreement under
<br />a lawsuit brought against the Department of Interior by
<br />the Natural Resources Defense Council, National
<br />Wildlife Federation, and others. Comments on the DEIS
<br />must be received by May 31, 1995. For more
<br />information, contact Rusty Schuster, Westwide
<br />Settlement Manager, Bureau of Reclamation, P.O. Box
<br />25007 (Mail Code D-5010), Denver, Coiorado 80225;
<br />(303) 236-9336 ext. 237. Comments on the proposed
<br />rules are due by June 2, and should be similarly
<br />addressed. For information on acreage limitations,
<br />contact Richard Rizzi, at the above address (Mail Code
<br />D-5200); (303) 236-1061, ext. 235. With regard to water
<br />conservation requirements, contact Craig Phillips (Mail
<br />Code D-5300); (303) 236-1061, ext. 265.
<br />
<br />PEOPLE .
<br />
<br />Governor Phil Batt of Idaho recently named Karl
<br />Dreher as the Director of the Idaho Department of Water
<br />Resources., Dreher will replace current Director and
<br />Council member, Keith Higginson, who will retire in May.
<br />Dreher is currently head of engineering for the Northern
<br />Colorado Water Conservancy District. He has served in
<br />that capacity since 1986. Mr. Dreher received a civil
<br />engineering degree from Colorado State University in
<br />1971 and a Master's from CSU in 1973. In making the
<br />new appointment, Governor Batt thanked Keith
<br />Higginson for his many years of dedicated service.
<br />"Keith has been a steady hand as we have dealt with the
<br />many and complex issues that face a state so heavily
<br />dependent on water for our livelihoods," he stated,
<br />
<br />Thomas C. Turney has been named by New Mexico
<br />Governor Gary Johnson as State Engineer. Turney is a
<br />native of Santa Fe and Vice President of Cielo
<br />Corporation, a consulting engineering firm, where he has
<br />worked with the Mescalero Apache and Navajo tribes, as
<br />well as for numerous cities in New Mexico. He holds
<br />both a Bachelor's and Master's Degree in Civil
<br />Engineering from New Mexico State University. Mr.
<br />Turney's family has a long history in New Mexico, where .
<br />his father was a prominent civil engineer.
<br />
<br />The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors
<br />of member states - Arizona, California, Colorado, Hawaii, Idaho, Nevada, New Mexico, North Dakota, Oregon,
<br />South Dakota, Texas, Utah, and Wyoming - and associate member states Alaska, Montana and Washington.
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