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STERN l\TES WATER . n.... r ,,~~ lJdl.a..~ October 12, 1993 Issue No. 1012 .;~VftJ----"~']:~ I I ~ ",c.-I. " " ;; ,. Ii II !; TIIE WEEKLY NEWSLETTER OF TIIE WESTERN STATES WATER COUNCiL'.c-","," Creekview Plaza, Suite A-201/942 East 7145 So./ Midvale, Utah 84047 / (801) 561-5300 / FAX (801) 255-9642 editor - Tony Willardson typist - carrie curvin WESTERN STATES WATER COUNCIL Quarterly Meetings . The 1121h quarterly WSWC meetings were held on October 6-8, at the Coeur d'Alene Resort in Idaho, A number of important matters were addressed. On Wednesday evening, the Federal Energy Regulatory Commission (FERC) Subcommittee met and listened as John Clements, Deputy Director of the Office of Hydropower Licensing, reported that after reviewing a draft memorandum of agreement (MOA) prepared by the state of Idaho with WSWC support, FERC Chair Elizabeth Moler had determined that an MOA was not an appropriate vehicle for resolving federal/state differences. Indeed, she feels the proposed MOA would delegate authority to the states that the Federal Power Act and Electric Consumers Protection Act reserved to FERC, and thus create an illegal dual system of jurisdiction. In response to earlier state calls for Congress to address the issues, and with the encouragement of the Western Governors' Association ryvGA), former FERC Chair Martin Allday promised an administrative effort to resolve federal/state differences. The Council suggested and worked with FERC staff on the draft MOA for more than a year. However, in response to questions, it was apparent FERC now sees no way an MOA could work. The meeting was abruptly adjourned. . On Thursday, the Water Resources Committee met and Mr. Clements repeated his message regarding the FERC MOA. Members expressed disappointment, if not surprise, and decided to write Chair Moler asking for a written response and explanation of objections to the proposed MOA. Hedia Adelsman also reported on WGA/WSWC testimony she had presented before Congress regarding language to strengthen existing state authority over permitting federal projects, chairman - Dave Kennedy executive director - Craig Bell including federal hydropower projects, under Section 401 of the Clean Water Act. Members were urged to express their support for the proposed legislative changes. The committee also discussed its 1994 work plan and state water use fees, a water conservation study, a study of ground water recharge, federal water project transfer issues, federal grazing/water rights policy, a western drought conference, and a proposed state water resources data management workshop. The Water Quality Committee discussed the Administration's recommendations for reauthorization of the Safe Drinking Water Act ryvSW #1011), and its new wetlands policy (WSW #1006). Some members expressed cautious support for many of the changes. Committee members also discussed S. 1304, Senator Baucus' wetlands bill, noting similarities to the Administration's proposal. Reauthorization of the federal Clean Water Act (S. 1114) was addressed, focusing on the timing of Congressional action, the WSWC's position (especially the watershed language), and the position of the Association of State and Interstate Water Pollution Control Administrators. The Executive Committee reviewed its proposed 1994 work plan. The committee will oversee WSWC cosponsorship of a WGA workshop on watershed management in early 1994. The purpose is to convene a broadly representative group to consider successful watershed management efforts, extract any lessons, examine agency watershed initiatives, share information and explore ways to enhance coordination among activities and players. The committee also decided that the Council should hold another water management symposium in the fall of 1994, and the topic will be determined at the January meeting. Of note, the Executive Committee reviewed the results of the survey on member states' preferences regarding the frequency of Council meetings. In light of limited