WSP07982

• File Number: 8021
• Description: Section D General Correspondence - Western States Water Council
• State: CO
• Basin: Statewide
• Date: 1/8/1993
• Author: Western States Water
• Title: Western States Water 1993 - Issues 973-1024
• Water Supply Pro - Doc Type: Publication

STERN
STATES WATER

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.~ OCT 4 1993
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TIIE WEEKLY NEWSLETfER OF THE WESTERN STATES WATER COUNCIL

Creekview Plaza, Suite A-201/942 East 7145 So. / Midvale, Utah 84(l47/ [phone] / FAX (801) 255-%42

editor - Tony Willardson

typist - carrie Curvin

ENERGY

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Federal Energy Regulatory Commission (FERC)

On September 21, FERC published in the Federal
Reoister notice of a proposed policy statement with
respect to the use of its reserved authority to require
federally licensed hydropower projects to ameliorate
any cumulative impacts in the same river basin.
Comments on the issue should be addressed to:
Office of the Secretary, FERC, 825 North Capitol
Street, N.E., Washingtoll, D.C. 20426. An original and
fourteen copies of written comments must be filed.
Comments should refet to Docket No. RM93;25-000,
and are due by November 5. For more information
contact Barry Smoler, [phone].

.

Each license that FERC now issues include a set of
standard articles known as "L-forms" which reserve
broad authority for FERC to require project alterations
in the public interest, after notice and an opportunity
for a hearing. These "reopener" articles specifically
refer to the electrical and hydraulic coordination of a
project with other projects or power systems. They
also allow FERC to prescribe operational rules that
govern the use, storage and discharge from storage
of waters affected by the license for the protection of
"...life, health, and property, and in the interest of the
fullest practicable conservation and utilization of such
waters for power purposes and for other beneficial
public purposes, including recreational purposes...."
They also address the conservation and development
of fish and wildlife resources. FERC may require the
construction and maintenance of reasonable facilities
as may be recommended by the Secretary of Interior
or state fish and wildlife agencies.

The Commission's proposed policy statement reads
as follows: "The Commission believes that the

chairman - bave Kennedy
executive director.... Craig Bell

standard reopener clause as currently incorporated
into hydropower licenses reserve adequate authority
to the Commission to require aU licensees 'of p'rojects
located, in the same. river basin to mitiQate, the
cumulative impacts...including cum\.llatiile impacts that
are identified after one, or more of the licenses for
those projects have been issued: TheCommissio.n
may also include, as a condition to any new license,
an article reserving the Commission's authority .to
require the licensee to undertake such measures as
the Commission may later determine on a case-by-
case basis to be reasonable and appropriate to.
mitigate the cumulative impacts of hydropower project
operations within the same river basin or watershed."
The policy statement promises that any such articles
would describe to the.. maximum extent possible
reasonably foreseeable future resource concerns that
might warrant modificatiolJs,

WATER QUAUTY

Safe Drinking Water Act-Reauthorization

The Clinton Administration has proposed ten
recommendations for reOluthorizingthe 'Safe Drinking
Water Act (SDWA). "The way. we guaranteed safe
water for the American:" people," ,said, EPA
Administrator Carol.. Browner hi introducing the
proposal, "is broken and...needs to be fixed."The
recommendations seek a' balance between public
health concerns and easing the financial burdens
created by the current SOW A, particularly those on
small water suppliers. States and local suppliers
should have more financial and regulatory flexibility
under the proposals.

One recommendation is to establish a new SDWA
state revolving loan fund (SRF). The Administration
has proposed appropriating $599M to the fund in