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<br />Also of note, the House Energy and Commerce
<br />Committee has changed little. Chairman John Dingell
<br />(D-MI) will continue to serve, along with the same six
<br />subcommittees and their chairs. Only seven of 43
<br />members are freshmen. Rep. Carlos Moorhead (CA)
<br />is the new ranking Republican member. The HeaRh
<br />and Environment Subcommittee, again chaired by
<br />Rep. Henry Waxman (D-CA), has jurisdiction over the
<br />Safe Drinking Water Act. Rep. AI Swift (D-WA)
<br />continues to chair the Transportation and Hazardous
<br />Materials Subcommittee. Rep. Phil Sharp (D-IN) chairs
<br />the Energy and Power Subcommittee.
<br />
<br />Because of ill heaRh, Rep. Jamie Whitten, the
<br />longtime chair ofthe House Appropriations Committee,
<br />has surrendered that post to Rep. William Natcher (0-
<br />KY). The Housing and Urban Development and
<br />Independent Agencies Subcommittee, wtth jurisdiction
<br />that includes appropriations for the Environmental
<br />Protection Agency, will be chaired by Rep. Louis
<br />Stokes (D-OH), wtth Rep. Jerry Lewis (R-CA) as the
<br />ranking GOP member. Rep. Tom Bevill (D-AL) remains
<br />as chair of the Energy and Water Development
<br />Subcommittee.
<br />
<br />ENERGYIWATER RESOURCES
<br />
<br />FERClBureau of Reclamation
<br />
<br />The Federal Energy Regulatory Commission
<br />(FERC) and Bureau of Reclamation have released a
<br />memorandum of understanding (MOU), dated last
<br />November, designed to help resolve concerns
<br />regarding which agency has authority to license non-
<br />federal hydroelectric power development at any given
<br />Reclamation project. The MOU establishes
<br />administrative processes and joint guidelines through
<br />which issues can be resolved in a legally sound
<br />fashion to ensure the timely development of renewable
<br />hydroelectric power resources. It pertains only to
<br />facilities owned and directly paid for by non-federal
<br />enttties. The MOU does not cover development of
<br />federally-owned hydropower facilities (including
<br />rewinds and upgrades) utilizing Congressionally
<br />appropriated monies, monies made available by a
<br />power marketing administration, or monies available
<br />from non-federal entities pursuant to the Contributed
<br />Funds Act. Subject to applicable authorizing
<br />legislation, the Bureau is free under the MOU to
<br />proceed with the development of federally-owned
<br />power plants wtthout involvement by the Commission,
<br />
<br />except where federal power development takes place
<br />after the Commission has issued a license to a non-
<br />federal entity, in which case the subsequent
<br />development must respect the existing license.
<br />
<br />.
<br />
<br />The MOU outlines procedures whereby the
<br />Commission staff will ensure that Reclamation receives
<br />a copy of any application for a preliminary permit or
<br />license for hydroelectric development at or within a
<br />Reclamation project. Similarly, upon receipt of a
<br />request for a 'Iease of power privilege' for
<br />hydroelectric development at or wtthin a Reclamation
<br />project, the Bureau will ensure that FERC receives a
<br />copy, together with a determination concerning
<br />whether power development Is reserved under federal
<br />reclamation law. The Commission staff will review all
<br />requests for leas.es of power privilege. The document
<br />notes, 'Nothing in this [MOU] shall be interpreted as
<br />modifying or limtting the legal rights and authorities of
<br />either agency.....
<br />
<br />Where questions of jurisdiction remain unresolved
<br />the agencies have agreed on several evidentiary
<br />presumptions that will apply to arbitrating disputes.
<br />Greatest weight will be given to statutory language,
<br />then material Incorporated by reference, House and
<br />Senate documents and reports, feasibility reports,
<br />definite plan reports, and other information.
<br />
<br />.
<br />
<br />WATER RESOURCES
<br />
<br />Water Policy
<br />
<br />The New Mexico Environmental Law Center
<br />(NMELC) has released a report entitled 'Living Wtthin
<br />Our Means: A Water Management Policy for New
<br />Mexico in the 21 st Century' written, according to tts
<br />introduction, 'for those who are concerned about the
<br />availability and quality of [New Mexico's] water as we
<br />enter the 21 st century. It is not meant to be a
<br />scholarly treatise; nor is tt intended to examine every
<br />water issue. Rather, it is a cttizens' handbook meant
<br />to address some of the most glaring problems with
<br />our current water management practices and to
<br />propose some changes to meet the challenges faced
<br />by this water-short state.' The report contains
<br />chapters on New Mexico water law, allocating water in
<br />New Mexico, crtteria for approving a water right, and
<br />protection of water resources. For information contact
<br />NMELC, 103 Cienega Street, Santa Fe, New Mexico
<br />87501; (505) 989-9022.
<br />
<br />The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors of .
<br />member states - Alaska, Arizona, Califomia, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, and associate member state Oklahoma.
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