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<br />September 17, 1993
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<br />TIIE WEEKLY NEWSLETfER 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 />WATER QUAUTY
<br />
<br />Clean Water Act - SectiOn 404
<br />
<br />.
<br />
<br />On August 25, the U.S. Army Corps of Engineers
<br />and Environmental Protection Agency published final
<br />regulations implementing changes in the Section 404
<br />permitting program (58 FR 45008). The final rules take
<br />effect in 30 days. The proposed changes were printed
<br />on June 16, and over 6300 comments were received.
<br />The final rule modnies the definition of "discharge of
<br />dredged material," and clarifies when the placement
<br />of pilings is considered a discharge of fill material.
<br />Both of these changes were part of a settlement in
<br />North Carolina Wildlne Federation v. Tullock (Civil No.
<br />C90-713-CIV-5-BO (E.D.N.C. 1992)). Lastly, the rule
<br />codifies current policy stating that converted croplands
<br />are not "waters of the United States," which are
<br />redefined by EPA, along with "navigable waters" to
<br />conform with the new regulations.
<br />
<br />.
<br />
<br />Under the settlement agreement, the Corps and
<br />EPA changes clarify that "mechanized land clearing,
<br />ditching, channelization, and other excavation activities
<br />involve discharges of dredged material when
<br />per10rmed in waters of the United States...." These
<br />activities are to be regulated when they destroy or
<br />degrade waters of the United States, including
<br />wetlands (57 FR 26894). The Corps and EPA also
<br />incorporated by rule substantive provisions of Corps
<br />regulatory guidance letters (RGL) 90-8 and 90-7. One
<br />clarnies the circumstances under which the placement
<br />of pilings are considered "fill materia!." However, the
<br />rules explain that this does "not affect, in any manner,
<br />the existing statutory exemptions under Section
<br />404(1)(1) for normal farming, ranching and silvicuRure
<br />activities." The other addresses prior converted
<br />croplands. Finally, EPA redefines regulated waters in
<br />40 CFR parts 110,112,116,117,122, and 401.
<br />
<br />chairman - Dave Kennedy
<br />executive director - Craig Bell
<br />
<br />For information contact Michael Davis, Office of the
<br />Assistant Secretary of the Arrny for Civil Works at (703)
<br />695-1376, or Sam Collinson, Army Corps of Engineers
<br />at (202) 272-0199, or Gregory Peck OJtl~7Gro an
<br />at EPA at (202) 260-n99. O<Q..
<br />
<br />WATER RESOURCESIENVlRONMENT
<br />
<br />Colorado River Basin/Endangered Species Act
<br />
<br />On September 3, the U.S. Fish and Wildlife Service
<br />released a draft Recovery Implementation Program
<br />and Recovery Action Plan (RIPRAP) and agreement for
<br />endangered fishes in the Upper Colorado River Basin.
<br />The document addresses Section 7 consuRation and
<br />how impacts related to water depletion from new
<br />projects and impacts associated with historic projects
<br />are to be handled (implementing a 1988 accord).
<br />
<br />Due to water development and depletions, and the
<br />introduction of exotic sport and other fishes, and other
<br />factors, native fish populations have declined. Four
<br />species, the Colorado squaw/ish, humpbacked chub,
<br />bonytailed chub, and razorback sucker have been
<br />listed as endangered. The agreement and RIPRAP
<br />are intended to go "considerably beyond offsetting
<br />water depletion impacts by providing for the full
<br />recovery of the four endangered fishes, as well as
<br />allow water development to proceed in compliance
<br />with state law, interstate compacts, and the
<br />Endangered Species Act." The agreement recognizes
<br />that positive population responses to program
<br />initiatives are not likely to be measurable for many
<br />years due to the time required for the endangered
<br />fishes to reach reproductive maturity, limited
<br />knowledge about their life history and habitat
<br />requirements, sampling difficuRies and limitations, and
<br />other factors. The new RIPRAP is an adaptive
<br />management plan incorporated by reference.
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