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<br />WESTERN <br />STATES WATE <br /> <br />. <br /> <br /> <br />~. _f','" ("Ioq~ <br />U J .tlll, J <br /> <br />May 7, 1993 <br />Issue No. 990 <br /> <br /> <br />"~~-~~ ~ <br />"(///"'1/ <br />"1' <br />C!~J"' -::--- " <br />, ~'C~)'0' <br />,~ <br /> <br /> <br />'t,.l IV: <br />THE WEEKLY NEWSLEITER OF THE WESTERN STATES WATER COUNCIL <br /> <br />Creekview Plaza, Suite A-201/942 East 7145 So./ Midvale, Utah 84047 / (801) 561-5300 / FAX (801) 255-%42 <br /> <br />editor - Tony Willardson <br /> <br />typist - carrie Curvin <br /> <br />ADMINISTRATlON UPDATE <br /> <br />Interior Nominees <br /> <br />. <br /> <br />The Senate Energy and Natural Resources <br />Committee held a confirmation hearing for five key <br />Interior nominees on April 27. Appearing before the <br />Committee were Jim Baca of New Mexico, the <br />Administration's designee to be Director of the Bureau <br />of Land Management, and four designated Assistant <br />Secretaries: Robert Armstrong of Texas for Land and <br />Minerals Management; Bonnie Cohen for Policy, <br />Management and Budget; Leslie Turner for Territorial <br />and International Affairs; and former WSWC member <br />Elizabeth Anne Rieke of Arizona as Assistant Secretary <br />for Water and Science. The Senators questioned <br />each nominee on a number of topics. Reportedly, Ms. <br />Rieke was very articulate, promising to strive to <br />achieve a balance between protecting ecosystems <br />and local economies. She stressed creativity, flexibility <br />and coordination. All of the nominees are expected to <br />be confirmed. Some committee members, however, <br />have questions on the Clinton Administration's recusal <br />policy. It is intended to avoid conflicts of interest, but <br />apparently sets a higher standard for nominees from <br />the private sector than those from the public sector. <br />Also of note, an agreement has apparently been <br />reached between the Administration and Senator Ben <br />Nighthorse Campbell (D-CO) related to its support for <br />the Animas-La Plata Project, clearing the way for Dan <br />Beard to be confirmed as commissioner of the Bureau <br />of Reclamation. <br /> <br />UTlGATlON <br /> <br />. <br /> <br />Interstate Apportionment <br /> <br />The U.S. Supreme Court has ruled on summary <br />judgement motions in a dispute among Colorado, <br /> <br />chairman - Dave ,Kennedy <br />executive director- Craig Bell <br /> <br />Nebraska, Wyoming, and the United States over water <br />in the North Platte'Riv.er; Nebraska v; Wvomina, No. <br />108"Orig. (Apr.?O,1993).The Court entered a <br />decree on the North Platte in 1945 imposing limitations <br />on diversion and st.orage by upstre<!mstates Colorado. <br />and Wyoming, establishing priorities among .federal <br />reservoirs and. certain Nebraska canals,and <br />apportioning 75% of the river's natural flow during the <br />irrigation season to Nebraska and 25% to Wyoming. <br />In 1986, Nebraska petitioned the Supreme Court for <br />an enforcement order and injunctive relief under the <br />decree's 'reopener' provision, alleging that Wyoming's <br />intent to develop two projects on North Platte <br />tributaries, Deer Creek and the Laramie River, violated <br />the decree. Also, Nebraska objected to Wyoming's <br />actions concerning the Inland Lakes in' Nebraska. <br />Wyoming counterclaimed that Nebraska was <br />circumventing the 1945 decree by demanding and <br />diverting water above the TrF.State Dam for uses not <br />recognized by the decree. All parties moved for <br />summary judgement. <br /> <br />The Court granted the summary judgment motion <br />of Nebraska and the United States on'their request for <br />determination that the decree entitles the Bureau of <br />Reclamation to continue its longstanding diversion and <br />storage practices with respect to Inland Lakes, and <br />their assertion that the lakes have the same priority <br />date as other original components of the Bureau's. <br />North Platte Project. Wyoming's motion for partial <br />summary judgement that the Inland Lakes do not have <br />storage tights under either state law or the decree was . <br />denied. <br /> <br />Wyoming and Nebraska's motions for summary <br />judgement with respect to their rights to water. from . <br />the Laramie River were denied. Wyoming's contention <br />that the waters were completely apportioned between <br />it and Colorado by previous Supreme Court action <br />