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Ie WESTERN I~ STATES WATER on16~"'; Creekview Plaza, Suite A-201/942 East 7145 So. / Midvale, Utah !l4047/ (801) 561-5300/ FAX (801) 255-9642 ~~--- ~L __- \ l\ s~.-:J\ , ~- ~\ \r.:;,:~~::- ,,~"'~ \_.r--.J-- \ \\ f\ ADMINISTRAllON UPDATE/WATER RESdw~aES ENE[!GVJ ~' k---" - - ,.--_.~ Bureau of Reclamation \I:~-'-"';:- .. Federal Energy Regulatory Commission Editor - Norm Johnson Typist - Carrie Curvin - In two Nov. 3 Salt Lake City press conferences, convened to present water conservation awards to Utah's Department 01 Natural Resources (UDNR) and Murray City, Bureau 01 Reclamation Commissioner Dan Beard announced new water conservation initiatives for the Bureau. They include: (1) a document (to be issued by January) to guide the development 01 water conservation plans by each of the 800 water-user organizations receiving Reclamation water; (2) a cooperative agreement between the Bureau and the Soil Conservation Service to harmonize technical capabilities regarding water conservation; (3) guidance to Reclamation personnel on water contract and repayment policy; (4) initiation of studies under the 1992 Energy Policy Act to identify water conservation opportunities at reclamation facilities that may increase hydrogeneration or enhance fish and wildlife habitat; and (5) development of measures to gauge water conservation improvement. Beard noted, "We must seek out cost-effective ways to make the most efficient use of our available water supplies... I would hasten to say that most of the best work in water conservation is being done at the local level, with states becoming somewhat attentive, and the federal government coming up a distant third," , The awards presented at the press conferences acknowledged innovative water conservation practices. UDNR was cited for its leadership in advancing the practice of xeriscaping (using native, drought tolerant plants for landscaping) in Utah, while Murray City was honored for its work using wetlands to coUect and naturally treat storm water from a portion of the 1-215 freeway, and other sources, as part 01 the Jordan River Parkway Development. Chairman - Dave Kennedy Executive Director - Craig Bell FERC chair ElizabethA Moler has responded to a letter from Craig Bell, WSWC Executive Director, regarding her decision not to proceed '. with ne90tiations' toward a memorandum of agreement (MOA) between FERC and western states on hydropower licensing ryvSW #1012). The Nov. 2 letter concludes that the proposed MOA "does not prOvide a sound basis for further discussions because the Commission lacks authority to carry out the type of agreement you have proposed.... The chief difficulty with the Council's proposed MOA is its inconsistency with California v, FERC.... There, the Supreme Court reaffirmed its...holding in the First Iowa case that the federal government occupies the Iield of...regulating hydropower projects, and held that the Commission's authority to set minimum flows for protection of fish and wildlife preempts non-consumptive state water rights laws." "The Council's proposal, if adopted, would effectively reverse the Court's ruling," she said. The draft MOA was prepared by Council members and submitted to FERC last April, with the expectation that negotiations on it would proceed, as former FERC chair, Martin Allday, had promised an administrative effort to resolve federal/state differences. However, FERC offered no proposal to amend the draft MOA. The first official response was conveyed by John Clements, Deputy Director, FERC Hydropower Licensing Division, at the WSWC meetings in October on behalf of Ms. Moler, to the effect that the draft MOA was inherently defective, and could not be a vehicle for improving federal/state relationships. The letter concedes that an MOA could be an effective means lor bettering relationships and