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<br />to opt for the 'occupation of the field' view. some
<br />language in its opinion followed the 'conflicts'
<br />approach. The distinction Is Important because u,nder
<br />the 'conflicts' approach state law is not completely
<br />preempted.
<br />
<br />The Ninth Circuit acknowledged the discrepancies
<br />in the district court opinion, but noted '[t]he dichotomy
<br />between the two types of preemption is not..sharp in
<br />practical terms..., so the mixed language has little
<br />signfficance.' In so doing. the court said that the U.S.
<br />Supreme Court's ruling in California v. FERC (the
<br />'Rock Creek' case) 'reaffirms First Iowa's narrow
<br />interpretation of the savings provision [of the FPA]. so
<br />that the only authority states get over federal power
<br />projects relates to allocating proprietary rights in
<br />water.' The court concluded, 'In th[is] case.... it is
<br />clear that the federal laws have occupied the field,
<br />preventing state regulation. [M]ost or all of the State
<br />Board's concerns were considered by... [FERC] in
<br />granting the license, and conditions were imposed...to
<br />protect...multiple values.' The court was careful to
<br />point out that stipulated facts showed there were no
<br />protests to the application based on injury to prior
<br />water rights. and that the State Board asserted no
<br />impact from the project on prior water rights.
<br />
<br />WATER RESOURCES
<br />
<br />AJaska
<br />
<br />Last month, Governor Walter Hickel issued an
<br />administrative order creating the Alaska Water
<br />Management Council (AWMC) to promote state and
<br />federal agency cooperation in identifying and resolving
<br />water resource issues. The Council's activities will
<br />focus on: (1) collection. assessment and management
<br />of data concerning water resources; (2) allocation of
<br />water rights; (3) Issuance of permits governing
<br />activities affecting surface and ground water
<br />resources; (4) coordination of public information; and
<br />(5) water resources development and conservation.
<br />The administrative order asserts that Alaska's water is
<br />an important economic resource not only to Alaskans,
<br />but the nation. 'As population pressures increase...,
<br />it is recognized that major decisions will need to be
<br />made concerning Alaska's waters to ensure that
<br />environmental, economic, habitat. and health benefits
<br />are protected..... The order recognizes the complex
<br />nature of state and federal management of water
<br />resources. considering increasing demands and
<br />
<br />diminishing financial resources. The AWMC will
<br />include an executive committee composed of WSWC .
<br />members Ric Davidge, Director of the Division of Water
<br />and Mike Menge, Director of the Division of
<br />Environmental Quality, and Frank Rue, Director of the
<br />Division of Habitat. The full Council will be composed
<br />of director-level representatives from state and federal
<br />agencies, boards and commissions that have water
<br />management responsibilities. This includes the
<br />Energy Authority. Department of Commerce.
<br />Department ofTransportation, Water Resources Board,
<br />Attorney General's office, and University Water
<br />Resources Center. Federal membership includes the
<br />Army Corps of Engineers. Bureau of Land
<br />Management. Environmental Protection Agency, Fish
<br />and Wildlife Service, Forest Service, Geological
<br />Survey, National Marine Fisheries Service, National
<br />Oceanic and Atmospheric Administration, National
<br />Park Service, and the Soil Conservation Service.
<br />
<br />The AWMC will meet quarterly at various locations
<br />around the state and will create working groups or
<br />task forces as appropriate. The executive committee
<br />will submit to the Governor an annual progress report.
<br />and goals and objectives for the next year. The
<br />Council will identify areas where mutual cooperation
<br />will create cost efficiencies. The AWMC may submit
<br />proposals for agreements concerning gOals,.
<br />procedures and other actions. However, it may not
<br />approve or implement such agreements. promulgate
<br />rules, regulations or standards, bind any agency, or
<br />purport to execute or enforce existing laws or
<br />regulations. The AWMC is intended as a forum for
<br />discussion and coordination. and will not create any
<br />third-party rights or modify the authority of the
<br />participating agencies.
<br />
<br />WESTERN STATES WATER COUNCIL
<br />
<br />Water Law Conference
<br />
<br />The 11th Annual Water Law Conference
<br />cosponsored by the American Bar Association, the
<br />Western States Water Council. and the Conference of
<br />Western Attorneys General was held February 11-12
<br />in San Diego. California. About 200 people attended.
<br />Issues discussed included takings law. Indian water
<br />rights matters, drought management, trends inVOlving
<br />changes in water use, and the use of effective
<br />hydrologic models in the context of water rights
<br />litigation.
<br />
<br />The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors of .
<br />member states - Alaska, Arizona, California, Colorado. Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota,
<br />Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, and associate member state Oklahoma
<br />
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