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<br />N <br />c.- <br />eo <br />-' <br /> <br />c <br /> <br />3-WRW washn x x x it <br />because it involved a study area in the wild and scenic Rivers system. <br />"lliThen Delta attempted to do the study required of it under its permit <br />from FERC, then-Interior Secretary (Cecil D.) Andrus personally wrote <br />the city informing it not to go on any of the federal lands involved <br />under pain of being held in trespass. This was an impossible position <br />for a (FERC) permittee to be put in" by the federal agencies, Fischer <br />underscored. <br />WILDERNESS STUDY <br />Altho both the dam and reservoir sites for the Juniper-Cross Moun- <br />tain project were withdrawn from entry for power development "dating <br />back to 1909," ';'ischer testified, in 1980 BLM designated the Cross Moun- <br />tain area as a wilderness study area, including Cross Mountain Canyon <br />and the very damsite that was already withdrawn for power purposes. BLM <br />acted under the wilderness review provisions of Section 603 of the 1976 <br />Federal Land policy and Management Act (FLPMA), Fischer said. AS the <br />power withdrawals long predated PLPMA', FERC protested the wilderness <br />study area designation, but "FERC was totally ignored" by 13LM, according <br />to Fischer. The designation is now on appeal at Interior. "We, of <br />course, do not know how the matter will come out, but we think that pros- <br />pective licensees "!hould be spared this sort of hara'l"!ment," Fischer <br />told the two Senate Energy Committee panels. <br />Relative to the same project the sponsors have had problems with <br />the U.S. Army Corps of Engineers over a waste discharge permit, with the <br />Environmental Protection Agency and the state of Colorado over the Clean <br />Water Act, with the U.S. Fish and Wildlife Service over the Endangered <br />Species Act, and with the state of Colorado over other problems. accord- <br />ing to Fischer. The Federal Power commission, predecessor agency to <br />"'ERC, by and large offered "one-stop shopping" in its authority to grant <br />licenses, and FERC should have the same authority, Fischer maintained. <br />He strongly urged Congress to pass a bill along that line. <br />MCCarty eold WRW on NOV. 17 the Western River suides Association <br />has formally intervened in the District's license application before <br />FERC. and the National wildlife Federation and the Interior Department <br />oppose the project. ~afting and boating on the Yampa ~iver and salinity <br />in the river are the main issues in controversy, MCCarty said. ~ <br />