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<br />Page 4
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<br />
<br />Annual Legislative Review
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<br />WATER RlGHTS (16 bills: 4PS)
<br />
<br />California bas declared the use oC potable water for
<br />irrigation and industrial use (AB 174: Kelley) or Cor flushing
<br />toilets in non-residential buildings (AB 1698: Filante) to be
<br />unreasonable use if alternative supplies of reclaimed water are
<br />available, Nevada will establish a system oC effluent water
<br />rights under (AB 173), Idaho has ratified the Fort HaU Indian
<br />Water Rights Settlement (HB 258), For a description oC the
<br />agreement see 'Innovation Through Negotiation' WS July
<br />1990,
<br />
<br />WATER QUALI1Y (41 bills: UPS)
<br />
<br />Prodded by growing local concern and by federal man-
<br />dates, water quality was the most active, and most succcssfuUy
<br />tackled topic in western legislatures, Arizona now imposes an
<br />annual water quality assurance fee of S2,12/af for both type I
<br />and type " non-irrigation groundwater rights (HB 2011:
<br />Evans), Several bills to strengthen the role oCthe watermasters
<br />in maintaining quality oC groundwater basins have been carried
<br />over in California, although the proposal to create a San
<br />Gabriel Water Quality Agency was voted down (5B 52: Torres),
<br />The state passed (SB 1182:Bergeson) that spccifies 38 cntities
<br />eligible Cor safe drinking water grants, Texas passed (SB 818)
<br />that requires river authorities to conduct water quality surveys,
<br />
<br />GROUNDWATER (19 bills: BPS)
<br />
<br />Texas again failed to enact measures that would have
<br />controUed the overdraft oC the Edwards aquifer, But, in the
<br />absence oflegislative initiative, the Texas Water Commission
<br />is pushing to declare overdraft areas and to establish local
<br />authorities to wrestle with the problem oC regulating use, The
<br />state did pass (SB 19) that prohibits drilling and operating Cree-
<br />flowing weUs with capacity in excess of 5,000 gaUons per minute
<br />in sole source aquifers, Arizona enacted (HB 2499: Guenther
<br />et al) establishing groundwater replenishment districts within
<br />the boundaries of active management areas (see ""Arizona
<br />Rewrites Groundwater Law," WS July 1991), The state also
<br />passed (HB 2340: Evans et al) permitting owners of grandCath-
<br />ered irrigation rights to seU credits in their operating flexibility
<br />accounts, California passed a bill which aUows local authori-
<br />ties from 11 groundwater basins to establish overdraft manage-
<br />ment programs and to impose pumping charges or replenish-
<br />ment Ceesnsubject to voter approval (AB255: Costa), Montana
<br />has set up and funded a state groundwater quality monitoring
<br />program (SB 94: Beck), Groundwater users will pay an assess-
<br />ment Cee that will cover the cost oCthe program, Nebraska now
<br />aUows the establishment oC groundwater management areas to
<br />
<br />deal with quality issues (LB 51: Schmit), Previously, they could
<br />be established ouly to deal with overdraft issues, The Depart-
<br />ment of Environmental Control will be a participant in drawing
<br />up management plans for these new areas, Nevada's state en-
<br />gineer has been given the power to enter into interstate agree-
<br />ments to manage groundwater basins shared by contiguous
<br />states (AB 172), And Utah has passed (SB 71: Finlinson) under
<br />which the state engineer can issue recharge permits Cor the
<br />artificial recharge oC groundwater aquifers.
<br />
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<br />
<br />PUBLIC TRUST (21 bills: 4PS)
<br />
<br />Idaho has approved an application by the Department of
<br />Water Resources to appropriate more water for instream
<br />pusposes (SCR 102: Resoun;es and Environment Committee),
<br />California's proposal to increase boat registration fees to
<br />fmance higher stream flows and lake levels (AB 1168: Marks),
<br />Cailed, Nebraska has passed (LB 511: Lamb et al) which
<br />enables County boards to protect scenic river corridors by
<br />zoning land for half a mile either side of designated reaches oC
<br />rivers, Preservation of these designated scenic river corridors
<br />would be another reason for appropriating instream flows--
<br />together with Hsh, recreation and wildlife, The power to
<br />appropriate instream flows has been expanded with the passing
<br />of (LB 277: Schmit), This act aUows the appropriation of stored
<br />water to enhance instream flows for Hsh, recreation, and
<br />wildlife.
<br />Nevada has pe,rmitted counties to coUect Cees and use the
<br />proceeds for projects that protect species oC wildlife by
<br />enacting (AR 376),
<br />
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<br />
<br />PLANNING AND POLICY (35 bills: 9PS)
<br />
<br />California passed (AB 11x:Filante) exempting contin-
<br />gency plans Cor meeting urban water shortages from CEQA
<br />procedures, (5B 8x: Rogers) exempting loan repayments by
<br />Kern County Watcr Agency to state Crom needing voter ap-
<br />proval, and (AB 12x: Costa) requiring the Dept. of Fish and
<br />Game to take steps to minimize effects oC drought on Hsh and
<br />wildlife, Colorado again Cailed to cnact any oC the competing
<br />bills that would shift authority over water development be-
<br />tween the Water Conservation Board and the Water Re-
<br />sources and Power Authority, Montana now aUows the crea-
<br />tion of water quality control districts to protect the quality oC
<br />drinking water supplies (SB 136), Texas passed (SB 2) consoli-
<br />dating many environmental protection functions under the
<br />Texas Water Commission, shifting the water hygiene division
<br />Crom the Department of Health and moving the Board of
<br />Irrigators and WeU Drillers to the Commission, Washington
<br />aUows interties among water agencies provided they are ap-
<br />proved by the Department oC Ecology under (SB 5358) and
<br />aUows irrigation districts to establish consolidated local im-
<br />provement districts for the solc purpose oC issuing local bonds
<br />under (HB 1195), Legislative Table on page 8, , ,
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<br />'III
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<br />WATER STRATEGIST Published by Stratecon, Inc, P,O, Box 963, Claremont, CA 91711 (714) 621-4793
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