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<br />June 4, 1993
<br />Issue No. 994
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<br />TIIE WEEKLY NEWSLETfER OF TIIE WESTERN STATES WATER coUNClt .
<br />
<br />Creekview Plaza, Suite A-201/942 East 7145 So./ Midva!e, Utah 84047 / (801) 561-5300 / FAX (801) 255-%42
<br />
<br />editor - Tony Willardson
<br />typist - Carrie curvin
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<br />ADMINISTRATlON UPDATE
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<br />InteriorlFederal Energy Regulatory Commission
<br />The Senate has confirmed by voice vote the
<br />nomination of a number of individuals to fill top Interior
<br />Department posts, including Elizabeth Rieke as
<br />Assistallt Secretary for Water and Science, John Leshy
<br />as Solicitor, Jim Baca as Bureau of Land Management
<br />Director, and Daniel Beard as Bureau of Reclamation
<br />Commissioner (WSW #990). The Senate has also
<br />confirmed four new members of the Federal Energy
<br />Regulatory Commission: Vicky Bailey, James Hoecker,
<br />William Massey, and Donald Santa (WSW #989).
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<br />E~RONMENT/WATERRESOURCES
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<br />Endangered Species A~dwards Aquifer/Texas
<br />The Texas legislature has passed and sent to
<br />Governor Anne Richards a compromise bill (SB 1477)
<br />creating a new Edwards Aquifer Authority with powers
<br />to permit, meter, and limit ground water withdrawals.
<br />However, the new act specificaily recognizes existing
<br />landowners' water rights as private property that can
<br />not be taken without just compensation. The Authority
<br />also has the power of eminent domain, but may not
<br />condemn ground water. Still, for the first time in
<br />Texas, a new system of ground water rights has been
<br />created with the Authority defining and administering
<br />regular, term, interruptible, and emergency rights that
<br />limit maximum rates of withdrawl and the total volume
<br />of water to be taken from the aquifer. Also, the
<br />Authority may acquire and hold or retire permitted
<br />water rights. Further, it may enforce the Texas water
<br />code, within the boundaries of the Authority, which
<br />include requiring conservation and reuse plans.
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<br />The Authority is to be governed by a nine-member
<br />board, representing various counties and other public
<br />bodies. One member is to be appointed from a new
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<br />chairman - Dave 'Kennedy
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<br />executive director - Craig Bell
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<br />separate South Central Texas' Water Advisory
<br />Committee. The Board maY'implemerlt and enforce
<br />water management practices.:.' necessary to achieve
<br />a phased reduction in existing use from 450,000 acre.
<br />feet (al) by 2007 to 400,000af thereafter. It will
<br />prepare a comprehensive water supply and demand
<br />management plan .- and install and maintain meters
<br />on all wells producing over 25,000 gallons per day,
<br />finance water conservation measures, contract for the
<br />construction of water supply facilities, and approve
<br />ground water recharge activities. Its programs will be
<br />financed from user fees;
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<br />The new legislation is in line with the Texas Water
<br />Commission's suggested plan for limiting pumping
<br />(WSW #992). In April, Interior Secretary Bruce Babbitt
<br />wrote Governor Rich,ards saying, '...I support the
<br />Commission's plan, and believe it provides a fair and
<br />reasonable framework for managing the Edwards
<br />Aquifer.... As a former governor, I believe that
<br />management of ground water resources is first and
<br />foremost a state responsibility. I know firsthand the
<br />difficutt choices involved when a state legislature has
<br />to come to grips wrih anever-declinirigground water
<br />resource....'
<br />
<br />Babbitt pointed out, 'Absent state legislative
<br />resolution of the problem of bverdrafling of the
<br />Edwards, the Endangered Species Act and the courts
<br />require that certain steps be taken to protect the
<br />federaily listed species....' Section 7 prohibits any
<br />federal agency action that might jeopardile any
<br />endangered species, and Babbitt noted one possible
<br />resutt could be 'a significant reduction of. federal
<br />program spending....' He also explained Section 9
<br />provides for' ciVil . and criminal penatties for the
<br />unauthorized 'take' Of a listed species, and said,
<br />'When the water level of the aquifer drops to the point
<br />where the species is harmed or habitat is modified, we
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