WSP07982 - Laserfiche WebLink

Home Browse Search

WESTERN STATES WATER . ,,""''''' r-t"i'C' udlJ:j'.) February 26, 1993 ISSUe.,NO;-~ -0'., !; ~>'~.;:- <{:- ~ M~Cf/~\~0 ~ !D' JWvVC8 ~:>> . ,.....v 'i _<,<;.;i ,;--..~...., ..- '- THE WEEKLY NEWSLETI'ER OF THE WESTERN STATES WATER COUNCIL Creekview Plaza, Suite A-201 / 942 East 7145 So. / Midvale, Utah 84047 /(801) 561-5300 / FAX (801) 255-9642 editor - Tony Willardson typist - carrie Curvin ADMINISTRATION UPDATE Interior . The White House has announced nominations to fill Interior positions under Secretary Bruce Babbit. WSWC member Elizabeth Ann (Betsy) Rieke was named Assistant Secretary for Water and Science. Robert Armstrong, aide to Texas Governor Ann Richards, was named Assistant Secretary for Land and Minerals Management. George Frampton, Jr., President of the Wilderness Society, will be Assistant Secretary for Fish, Wildlife and Parks. Bonnie Cohen, Senior Vice-President with the National Trust for Historic Preservation, will be Assistant Secretary for Policy Management and Budget. Jim Baca, a New Mexico Land Commissioner, will lead the Bureau of Land Management. Former law professor and Associate Interior Solicitor John Leshy will be Solicitor. UTlGATION South Dakota v. Bornhoft . A Montana federal district court has dismissed a suit filed by South Dakota, North Dakota and Montana against the Army Corps of Engineers which asserted that the Corps had improperly assigned downstream uses of Missouri River reservoir waters higher priority than recreation and fish and wildlife uses in upstream states, South Dakota...et al v. Bornhoft, No. Cv. 91-26- JDS-BLG (Feb. 3, 1993). The states asserted that as a result of the Corps' 'erroneous interpretation and...unlawfully static prlorities...set forth in the Master Manual and annually implement[ed] in the...operating plan..... the Corps was mismanaging the Missouri River. The plaintiffs sought an order from the court requiring development of a plan of operation that 'reflects contemporary uses and needs of the basin.' chairman - Dave Kennedy executive director - Craig Bell The court found that the Corps had changed its official policy, giving consideration to all uses in the basin. It noted, '[d]uring the course of the present Master Manual review and the preparation of an environmental impact statement, 'all existing uses of the system will be considered in determining whether revisions to the current water control plan should be made.'... [T]he Corps has said that, during this review process, all uses are to receive equal consideration.' Thus, the court concluded, 'the present action is appropriate for dismissal because the issues raised in the complaint are no longer alive.' Although the states had sought a stay until the Master Manual review is complete, they view the dismissed legal action as successful because of the Corps' apparent change of policy regarding the importance of upstream uses in basin management. UTlGATION/ENERGY Savles HYdro v. SWRCB/FederaI Power Act The Ninth U.S. Circuit Court of Appeals has affirmed a California federal district court ruling that, under the Federal Power Act (FPA), the federal government occupies the field of licensing and regulation of hydropower projects, Savles Hvdro Assoc. v. California State Water Resources Control Board, No. Civ. 91-15934 (Feb. 1, 1993). In previous proceedings, Sayles Hydro filed a summary judgment motion, asking the district court to preclude the board from redetermining matters already decided in the FERC licensing process CNSW #876). The Board, however, asserted that the case was not judicially ripe until a water right permit was issued with terms that conflicted with the FERC license. The Board further argued that the FPA contemplates a 'conflicts' approach to federal preemption, and not 'occupation of the field' approach. While the district court seemed