COMPROMISE INSTREAM FLOW (ISF) BILL
A compromise between the Dept. of Natural Resources and Senator Ken Gordon (D, Den)has been reached on SB02-156, a bill that would have allowed the transfer of existing consumptive water rights to instream flows and has wide support among water users. The compromise eliminates private ownership of instream flows but improves the state’s instream flow program. The new version provides a funding source for the Colorado Water Conservation Board enabling it to acquire senior water rights to improve stream reaches impaired by excess depletions. The bill now goes to the House where it is still expected to meet opposition from the Farm Bureau.
<http://www.gjsentinel.com/auto/feed/news/2002/03/14/1016109539.05426.8309.9443.html> <http://www.gjsentinel.com/auto/feed/news/2002/03/17/1016367373.05426.9891.0050.html> ISF PROTECTION ON THE FOREST – Almost 2 years ago, the Grand Mesa, Uncompahgre, Gunnison National Forest (GMUG) initiated a stakeholder group to help the Forest Service explore how to include protection of instream flow values in the forest management plan revision. The effort is called the Pathfinder Project. The activities of the group can be viewed at <www.GMUGpathfinder.org>
PROJECT EXPANSION
A bill (H.R. 3881) has been introduced in Congress that would authorize a study of possible expansion of Pueblo Dam and Reservoir, Sugar Loaf Dam, and Turquoise Reservoir. The proposal would expand capacity to store more transmountain diversions from the Fry-Ark Project. The expansion project is connected to a proposed pipeline from Pueblo Reservoir that would serve the Colorado Springs area. Kansas has expressed concern that expanding the project could interfere with Colorado’s Arkansas River Compact delivery obligations. The Bureau of Reclamation has not yet given its endorsement of the study. Trout Unlimited testified about its concern that expansion should not be allowed to have a negative impact on the fishery improvements on the Arkansas below the Pueblo Dam.
GOOD SAMARITAN/HARD ROCK MINING
On March 21, Rep. Mark Udall (D-CO) introduced legislation to promote the cleanup of abandoned hardrock mines and improve water quality in waterways throughout the West. H.R. 4078, the Abandoned Hardrock Mines Reclamation Act of 2002, would remove some of the existing financial and liability obstacles that currently hinder mine cleanups. The Act would protect “Good Samaritans” in their efforts to cleanup abandoned hardrock mines, but it would not apply to coal mines or oil or natural gas wells. In introducing the bill, Udall said, “Abandoned hardrock mines are a menace to the environment and public health and safety. As population growth continues near these old abandoned mines, these problems are likely to increase. We simply must begin to address this issue – not only to improve the environment, but also to ensure that our water supplies are safe and usable.” Cleanup of abandoned mines has been hindered by financial difficulties and the potential liability facing any person or agency, under water quality laws, altering mine drainage. Congressman Udall’s bill has two parts, which address both obstacles to cleanups.
Sections 101-103 create a reclamation fee and a reclamation fund to provide the financial resources needed in cleanups. The fee would only apply to mines with annual gross revenues in excess of $500,000 and the actual amount to be paid would be based on a sliding scale taking into account the net to gross proceeds, profits divided by revenues, essentially looking at size and profit margin together. Mining operations producing hardrock minerals after December 31, 2001 would be required to pay the fee to the Secretary of the Interior. The fees would go into a reclamation fund, which would be used to help pay for cleanups of abandoned hardrock mines. The best estimate thus far is that the bill’s fees would generate about $40 million.
Next, the bill would create a new permit program and a permittee would be required to create a site remediation plan (with the ultimate goal of attaining Clean Water Act standards). The plan would be reviewed by both the EPA and the public. A permit, available to state, tribal, and federal governments, would require compliance with water quality laws, but it would provide some protection against liability for water quality violations. Permittees would be held liable for any water quality degradation resulting from their efforts.
NATIONAL WATER POLICY
The 21st Century Water Policy Commission Establishment Act, introduced by Rep. John Linder (R-GA) establishes a commission to study water management and develop recommendations for a comprehensive national water policy. Linder wants a policy that will ensure an adequate water supply for the next 50 years, avoid mandates, eliminate duplication and conflict, improve efficiencies while safeguarding the environment, capture excess flows and suggest financing options.
WATERSHED WEBSITE
The National Watershed Network – Know Your Watershed website allows you to type in your city, county or zip code to identify your watershed. Click on the link and scroll to the bottom of the page to find the search tool: <http://www.ctic.purdue.edu/KYW/KYW.html>
FEMA AGREES TO ASSESS IMPACTS ON ENDANGERED SPECIES
The Federal Emergency Management Agency has reached a legal settlement with Forest Guardians, the Sierra Club, and Southwest Environmental Center to “determine the effect of its National Flood Insurance Program on numerous endangered species” that dwell in flood plains say ESC sources 3/26. The groups maintained that flood insurance promoted development along New Mexico’s San Juan, Pecos and Rio Grande Rivers that was not only dangerous to humans but harmed imperiled species such as the silvery minnow, bald eagle, and Southwestern willow flycatcher.
UTAH NAVAJOS WANT TO REASSERT CLAIMS TO COLORADO RIVER WATER
A Utah faction of the Navajo Nation is urging tribal leaders to reclaim the tribe’s full water rights from the Colorado River, a move advocates say could promote economic development on the reservation — and ripple through the economies of seven states. Salt Lake Tribune; March 22 “It is long past time for the Navajo Nation to take aggressive and comprehensive action on the tribe’s dormant water rights.” — Mark Maryboy, chairman of the Navajo Utah Commission and a commissioner in San Juan County, urging tribal officials to claim a larger portion of Colorado River. <http://www.sltrib.com/03222002/utah/721623.htm>
PROGNOSIS POOR FOR SILVERY MINNOW
With snowpack in the Rio Grande basin at “about half of normal” and water flow in the endangered silvery minnow’s habitat “expected to be just 18% of average this year,” a coalition of conservation groups are asking federal water managers to provide more water to save the fish’s wild population, says SF Gate, AP 3/20. The groups said that “parts of the river could be dry by the end of May” and warned that “unless more water is made available to sustain the river, we’ll soon have a major ecological crisis on our hands.”
ARIZONA DROUGHT
Parched lakes and reservoirs are nearing their lowest levels in half a century in some parts of drought-stricken Arizona, and a few have vanished as unusually dry conditions grip the state for a fourth straight winter. In Flagstaff, not even a full inch of snow has fallen since Jan. 1. Nearby Mormon Lake, the state’s largest natural lake, is dry. A few miles up the road, Lake Mary is nearing its lowest point in more than a decade and could leave Flagstaff scrambling for already overtaxed wells this summer.
As of 3/10, reservoirs along the Salt and Verde rivers, which supply as much as half the drinking water for some parts of the Valley, have dropped to 34 percent of capacity. Horseshoe Lake is virtually gone, and the scant snowpack in the mountains above it will add almost nothing this spring. The current drought, which hit Arizona and New Mexico hardest among the Western states this winter, has sapped water supplies, ruined ski seasons and set up a potentially disastrous wildfire season. Above the Salt River, hydrologists estimate the snow on the ground will produce just 26 percent of the water it would in a normal spring runoff, and above the Verde River, just 3 percent. Lake Powell is at 70% of capacity with 17 million acre-feet of water in storage. “From Sept. 1 to today we’ve gotten 3.86 inches of precipitation,” said Mike Staudenmaier, science and operations officer at the National Weather Service in Flagstaff. “Normally we should have 14.21. That represents 27 percent of normal, the driest since 1898 when the records started.” <http://www.azdailysun.com/non_sec/nav_includes/story.cfm?storyID=36896&syr=2002>
LANDMARK WATER DEAL NEAR FOR ARIZONA TRIBES
Federal officials are expected to sign an agreement with the Gila River Indian Community, one of the final steps that would give a dozen northern Arizona tribes control over 1 million acre feet of water, enough to supply the entire state. Albuquerque Journal; Mar. 27 <http://www.arizonarepublic.com/news/articles/0324indianwater24.html> <http://www.headwatersnews.org/stories/redirect.php?id=903>
INVASIVE FISH WREAK HAVOC IN ARIZONA
Of Arizona’s 32 remaining species of native fish “all but eight” are listed as endangered or threatened due in large part to “species imported to support the state’s $350 million sport fishing industry” says the Arizona Republic, AP 3/25. Biologists maintain the imports are a “major obstacle in the native’s struggle for survival,” eating them and their eggs or displacing them from available habitat. So far, at least one species, the Monkey Springs pupfish, has gone extinct, a “handful” of others have been extirpated from the state and “population declines from 60% to 90%” affect “most” of the other remaining native species.
LAS VEGAS HAS WATER ENOUGH TO KEEP GROWING
Water officials say Las Vegas should have enough water to keep growing for the next 50 years, with conservation and a stable supply from the Colorado River’s Lake Mead. Las Vegas Sun; 3/22 <http://www.lasvegassun.com/sunbin/stories/nevada/2002/mar/21/032110668.html>
VAQUITA RECOVERY TARGETED
With only 500 left in the wild, an international recovery effort is aimed at recovering the critically endangered Gulf of California harbor porpoise says WWF 2/28. Also known as vaquita, many are being drowned in gillnets and scientists warn that “if present trends continue the species may be only a decade away from extinction.” The recovery plan backed by the World Wildlife Fund, Mexican government, and international NGOs would establish a “zero mortality” sanctuary free from gillnet fishing and provide sustainable economic alternatives for local fishermen and communities.
TEXAS BORDER WATER
Texas Attorney General John Cornyn announced the formation of a Rio Grande Water Rights Task Force to pursue the state’s rights and remedies related to Mexico’s failure to fulfill its obligations under a 1944 water treaty. Cornyn’s in-house legal task force will “…examine every avenue available, both legal and diplomatic, to help ensure that Texans receive the water that Mexico agreed to provide under the 1944 Treaty. The debt has caused the loss of 30,000 agricultural jobs and $1 billion in lost production, experts say.
<www.oag.state.tx.us/newspubs/releases/2002/> 20020225watertaskforce.htm It’s time to put aside recriminations and come up with productive, long-term solutions to border water challenges.
<http://www.americaspolicy.org/commentary/2002/0203water.html>
ENERGY BILL
A heated debate is expected over proposals that would alter the hydropower dam relicensing process. State agencies, Indian tribes and conservationists will seek to ensure that any effort to streamline hydropower licensing also strengthens environmental protections and ensures public participation.
ESA WATER RESTRICTIONS UPHELD
A federal judge has ruled that the USFS can require bypass flows in order to protect salmon listed under the ESA says SF Gate, AP 3/19. The ruling dismisses a lawsuit brought by Okanagan County, WA and several irrigators who argued that requirements to maintain a minimum stream flow in streams on national forest land were illegal and “favor fish over farmers.” Earthjustice, which represented environmental groups, said the case is an “important confirmation” of the right of federal agencies to “protect endangered species where the use of their land is involved.”
CA TO REGULATE FARM DRAINS
Arthur Baggett, appointed chairman of the State Water Resources Control Board, said the agency will contribute at least $1 million to kick off pollution monitoring in some Central Valley agricultural drainage canals. By year’s end, Baggett said, the board expects to adopt a regulation requiring growers to begin monitoring and institute “best management practices” to control erosion and pesticide runoff. The Board will propose a statewide “general permit” that would apply the same rules to all growers with irrigation or stormwater runoff. The anticipated state regulation would cover 9 million acres of irrigated orchards, vineyards and crop fields running the length of California’s farming heartland, from the rice fields of the northern Sacramento Valley to the alfalfa in southern end of the San Joaquin Valley. Sacramento Bee, 3/1 <http://www.uswaternews.com/archives/arcquality/2staset3.html> URBAN STEELHEAD RESTORATION – Conservationists are embarking on a bold plan to restore steelhead to one of California’s most densely populated urban areas says the S.F. Chronicle 2/26. The targeted habitat is the 670-sq.-mile Alameda Creek watershed to the southeast of San Francisco Bay, which conservationists say is “big enough, wet enough – and still wild enough – to again support steelhead in numbers while serving man’s needs for drinking water and flood protection.” Key to the restoration are “genetically identical rainbow trout – also known as landlocked steelhead” which survive behind a dam suppling water to San Francisco and are from the same steelhead “subgroup ancestral to the central California coast.”
IRRIGATORS STRIKE BACK
Two California irrigation districts are suing the USFWS and NMFS for diverting water to help protect threatened chinook salmon and delta smelt says the Sacramento Bee, AP 3/1. The lawsuit maintains that the agencies exceeded their authority when they used the Endangered Species Act to justify the diversions which they also say do not “necessarily protect the fish.”
CA TRIBES WANT MORE WATER FOR SALMON TOO
The Hoopa and Yurok tribes in northwest California are asking a federal judge to leave more water in the Trinity River for salmon instead of diverting about 75% of the flow for hydro-power and Central Valley agribusiness, says the SF Gate, AP 3/14. Irrigators are challenging a decision by former Interior Secretary Babbitt to preserve about half the Trinity’s natural flow for the fish.
NORTHWEST TRIBES FORCE DAM OWNERS TO LISTEN THIS TIME
Northwest tribes say they were ignored when the region’s hydroelectric dams were built, and now they’re pressing their cultural and commercial issues as federal licenses come up for renewal. Spokesman-Review; 3/27 <http://www.headwatersnews.org/stories/redirect.php?id=781>
WASHINGTON, IDAHO TOWNS WORRY ABOUT DROPPING AQUIFER
Moscow, Idaho, and Pullman, Wash., share the same aquifer that provides drinking water for 50,000 residents on both sides of the border, but despite their best conservation efforts, groundwater levels keep dropping. Spokesman-Review; March 11 <http://www.spokesmanreview.com/news-story.asp?date=031002&ID=s1114211&cat=section.idaho>
IDAHO OFFICIALS WOULD NIX POWER PLANTS WITHOUT GROUNDWATER STUDY
Kootenai County, Idaho, officials have joined their counterparts in Spokane in calling for rejection of new power plants pending a thorough study of their effects on the aquifer. Spokesman-Review; March 20 “All the money in the world is not going to buy you clean air when you can’t breathe, or buy you water when there is nothing left to drink.” — Ron Rankin, a commissioner in Kootenai County, Idaho, dismissing the argument that proposed power plants’ taxes would compensate for their use of the region’s aquifer.
<http://www.spokesmanreview.com/news-story.asp?date=032002&ID=s1118780>
A RIVER RUNS THROUGH IT
Columbia River Indian tribes are asking the U.S. government to “increase efforts to help salmon” by operating Columbia and Snake river dams, “more like a river” says SF Gate, AP 3/6. Last year, a drought and so-called “hydropower emergencies” resulted in what the tribes call a “salmon slaughter.” This year they want the dams run “more in line with natural flows that are higher in spring and gradually taper off through the summer” with a substantial increase in the “entire spill program” to save young fish from going through the turbines.
SALMON CRITICAL HABITAT TO BE RESCINDED
In a landmark settlement with the National Association of Home Builders, Association of California Water Agencies, 16 other groups of developers, and local governments the Bush administration has agreed to rescind critical habitat designations for 19 West Coast salmon and steelhead populations say the NAHB 3/11. Under the agreement, the NMFS will re-do the designations taking into account economic impacts and “sound science.” The settlement affects critical habitat in “150 watersheds, river segments, bays and estuaries throughout Washington, Oregon, California and Idaho.” <http://enn.com/news/wire-stories/2002/03/03122002/ap_46649.asp> Commercial fishermen and environmentalists have asked a federal judge to reject the Bush administration’s proposed lawsuit settlement, says SF Gate, AP 3/14. The fishermen maintain that the “future” of their industry “depends on the recovery of the fish runs” and the settlement would allow “more development in areas near the habitat of the threatened and endangered fish.” According to the Pacific Coast Federation of Fishermen’s Associations the administration is “deliberately creating a train wreck” by downplaying the needs of imperiled salmon and that the “commercial fishermen are not going to lay down and let the bureau roll over them.”
COURT BACKS KLAMATH TRIBAL WATER RIGHTS
A federal judge has ruled that the Klamath Tribe’s water rights “stretch back to time immemorial” and “supersedes all other claims for water, including those held by irrigators” says SF Gate, AP 3/3. Although it is unclear how the decision will affect water allocations to agribusiness interests, the tribe’s claim may help protect ESA listed mullet and salmon since it is based on the amount of water biologically needed to support the fish as well as the “wocus plant, once a tribal food staple, in basin marshes.”
GROUPS INTERVENE FOR KLAMATH COHO
Thirteen environmental and fishing groups are asking for intervener status in a lawsuit challenging the listing of coho salmon in the Klamath Basin says ENS 2/27. The groups are concerned that the Bush administration won’t “mount a vigorous defense” and maintain that “It’s absurd to say we don’t need to protect wild salmon simply because hatcheries can churn out millions of fish in concrete tanks.”
PRESIDENT WANTS KLAMATH SOLUTION
Bush has given Secretary of Interior Norton, Secretary of Agriculture Veneman, and CEQ Chairman Connaughton 18 months to come up with “immediate and long-term actions necessary to enhance water quality and quantity, and to address other complex economic and natural resources issues.” They are to seek input from various stakeholders, including fishermen, tribes, farmers and environmental groups.
KLAMATH WATER TO FLOW APRIL 1
Although they may not be able to fool Mother Nature, the Bureau of Reclamation announced it will begin supplying water to agribusiness interests on April 1, “even though it’s still consulting with wildlife agencies on the effects that operations of Klamath dams and canals will have on threatened and endangered fish,” says the Oregonian 3/19. The ever-flexible ESA allows “initial water deliveries” as long as there is “no ‘irretrievable harm’ to protected species.”
CALIFORNIA CONSIDERING BAN ON GENETICALLY ENGINEERED SALMON
California may impose the nation’s toughest restrictions on genetically engineered salmon, even before the federal government decides if it should be the first transgenic animal approved for human consumption. Measures restricting the sale or production of the fish are pending in both state Legislative chambers, though the nearest salmon farming is in Washington’s Puget Sound because conditions in California are not suitable. <http://enn.com/news/wire-stories/2002/03/03072002/ap_46614.asp>
FERC PROPOSES CHANGES TO PUBLIC ACCESS POLICIES –
The Federal Energy Regulatory Commission (FERC) seeks public input on “changes that should be made to its regulations to restrict unfettered general public access to critical energy infrastructure information, but still permit those with a need for the information to obtain it in an efficient manner.” The request for public input was published January 16, 2002 by FERC and appeared in the January 23, 2002 Federal Register. Press release on FERC’s site. <http://www.ombwatch.org/article/articleview/555/1/105/>
HATCHERIES HARM SALMON SURVIVAL
A new report based on steelhead data from 12 Oregon rivers over the last 26 years “warns hatchery programs are actually wiping out the fish they’re trying to save” says the Vancouver Sun 2/28. The paper by biologist Mark Chilcote, a 29 year “steelhead specialist, geneticist and conservation program leader with the Oregon and Washington departments of fish and wildlife” concludes the “more hatchery fish you put into a system, the faster the native population declines” because “hatchery fish are poor breeders” and “another 10% of the wild population is lost because of mortal injuries suffered during capture and release by anglers.”
MARINE MAMMAL KILLS UNDER-REPORTED
Even though the “reported number” of seals and sea lions killed by British Columbia fish farmers is down from 719 in 2000 to nearly 400 in 2001, environmentalists contend that “deaths are under-reported” because “not all shootings are confirmed kills” and “not all kills are reported for fear of negative publicity,” says the Victoria Times Colonist 3/5. The province has lifted its moratorium on new fish farms, and conservationists say that the aquaculture industry must stop the killing by moving to a land-based system or enclosing the salmon in bag systems which prevent the marine mammals from even seeing the fish.
GLOBAL WARMING TO RAISE SEA LEVEL SHOCKINGLY HIGH
Beachfront property may not be such a great investment in the coming decades. New calculations suggest that glacier melt could raise sea levels to drastic heights in the 21st century. As recently as last year, the Intergovernmental Panel on Climate Change estimated that glacier melt alone would be responsible for a rise of 1 to 23 cm in sea level by 2100. Now, using new data from North American glaciers, researchers from the University of Colorado at Boulder calculate that glacier melt could be responsible for a 23 to 46 cm rise by 2100. <http://enn.com/news/enn-stories/2002/03/03052002/s_46530.asp>
NEW JERSEY DECLARES DROUGHT EMERGENCY
New Jersey Gov. James McGreevey declared a statewide drought emergency, signing an executive order that empowers state environmental officials to impose water restrictions. The drought-emergency declaration for New Jersey came as communities along the U.S. East Coast struggled with the driest conditions that states such as Maine have seen in more than a century. Such a declaration never before has been made this early in a year in New Jersey. <http://enn.com/news/wire-stories/2002/03/03052002/reu_46572.asp> Drought conditions are driving up sales of water-efficient toilets, faucets, laundry machines, dishwashers, and other appliances. Shoppers appear to be motivated by new drought restrictions like those in New Jersey, where residents can be fined up to $5,000 per day for violating water-use limits.
<http://www.planetark.org/dailynewsstory.cfm/newsid/15155/story.htm>
WORLD WATER WOES
More than 2.7 billion people will experience severe water shortages by 2025 if the world continues to consume water at the current rate, according to a U.N. report. The report goes on to say that another 2.5 billion may be living in areas where it will be difficult or near impossible to meet their water needs, that’s two out of three people in the world. Semi-arid regions of Asia and sub-Saharan Africa are most at risk. Already, 1.1 billion people in the world have no access to safe drinking water. The causes of the problem? Population growth, changing weather patterns, and mismanagement of existing water resources, the report says.
<http://news.bbc.co.uk/hi/english/world/newsid_1887000/1887451.stm>
WATER IMBALANCE RAISES TOUGH QUESTIONS FOR IRRIGATION
Alberta is running out of water, and despite the environment minister’s lofty plans, the answer doesn’t lie with big new dams or extensive diversion projects. Edmonton Journal; 3/4 <http://www.canada.com/edmonton/edmontonjournal/editorials/story.asp?id=%7B1F144008-CA08-48E2-A5AA-3792D9033CB1%7D>
MIDDLE EAST WATER
Former Interior Secretary Bruce Babbitt announced that he will become the chair of a company that plans to develop massive water projects in the Middle East. Babbitt has since earned the ire of environmentalists by advising two companies seeking to develop parts of the California coast. His new and as-yet-unnamed business will be a subsidiary of Cadiz Inc., which has also drawn fire from environmentalists over its plan to sell large amounts of water from underneath the Mojave Desert. Babbitt says he will not be involved in the Mojave Desert project but will be wholly dedicated to creating desalinization programs, distribution and management systems, and other water projects in the Middle East.
<http://www.nytimes.com/2002/03/13/politics/13BABB.html> A RIVER DOESN’T RUN THROUGH IT – The Yellow River is China’s second-longest river and the cradle of a 4,000-year-old civilization; now, though, it’s drying up and life along its banks is changing forever. Much of the water in the Yellow River is diverted to arid inner provinces for agricultural purposes, leaving areas downstream without a stream at all. For example, in Shandong, the last province before the river meets the Yellow Sea, the riverbed is sometimes completely dry, and riots have broken out over water shortages. To add insult to injury, even when there is water available it is often so polluted that it is unfit for consumption or irrigation. The government has responded with diversion and dam projects, but critics say that those solutions do not address the fundamental problems: deforestation, overuse of water for agriculture, inefficient factories, erosion, overpopulation, and the lack of water treatment plants. <http://www.sfgate.com/cgi-bin/article.cgi?f=/chronicle/archive/2002/03/04/MN50621.DTL>
ECOLOGY, COST DELAY CHINA NORTH-SOUTH WATER PLAN
Ecological concerns and high costs are delaying the start of China’s bold project to channel water from its south to the parched north, the new head of the country’s top engineering body said on Monday. Xu Kuangdi, appointed Communist Party secretary to China’s Academy of Engineering in December and until recently the powerful mayor of Shanghai, said there were no big engineering problems in moving water from the flood-prone Yangtze River to parched cities and farmland in the north.
<http://enn.com/news/wire-stories/2002/03/03122002/reu_46643.asp>
SINGING A NEW TUNA
Following criticism from the Environmental Working Group, the U.S. Food and Drug Administration will order an independent scientific review of its advisories for pregnant women about eating fish. Although widely regarded as healthful, some fish can concentrate mercury in their fatty tissues. When eaten by pregnant women, the mercury can cause brain damage in developing fetuses. The FDA’s warnings suggest that pregnant women should not eat shark, swordfish, king mackerel, or tilefish, but okays the consumption of moderate quantities — up to 12 ounces per week — of other species, including tuna. The Environmental Working Group, which says tuna contains sufficient mercury to be a health hazard, accused the FDA of caving to industry pressure and watering down its advice on tuna. The FDA denies that charge and says the advisories are based on sound science.
PARKER DE-POSEYED
The head of the U.S. Army Corps of Engineers resigned after being told he would otherwise be fired for remarks he made criticizing the Bush administration budget proposal. In congressional testimony, Mike Parker, Army Assistant Secretary for Civil Works, said the Bush budget for the Army Corps was about $2 billion under what he felt the agency needed. Parker declined to comment on his resignation; a White House official said only that, “The administration would expect that one of its appointees would support the President and his budget.” Politicians on both sides of the aisle expressed dismay over the forced resignation, which was perceived by many as suppression of dissent. Still, environmentalists found ample reason to rejoice: Parker enthusiastically pursued Army Corps projects, which are often criticized for running roughshod over the environment, and was openly skeptical of wetlands protections. Scott Faber of Environmental Defense called Parker’s resignation “one of the best things that’s happened for the environment since God separated the heavens from the earth.”
One exception to the “no new starts” policy is $2 million that would go toward environmental restoration in the Columbia River estuary. Conservationists have said that the Administration’s support for beginning the estuary restoration process is noteworthy. But, they argue, funding over and above the budget proposal will be required this year if the Administration is to meet the aggressive estuary habitat restoration plan set forth in the federal salmon plan for the Columbia and Snake rivers. In addition, they urge additional funding for the Corps’ general habitat restoration and nonstructural floodplain protection programs. <http://online.wsj.com/article/0,,SB1015445293189539240,00.html> <http://www.washingtonpost.com/wp-dyn/articles/A1911-2002Mar9.html>
CORPS REFORM
Acknowledging that too many Corps projects are economically unjustified and environmentally destructive, the Corps of Engineers Modernization and Improvement Act of 2002 (S 1987) introduced by Senators Robert Smith (R-NH), Russ Feingold (D-WIS), and John McCain (R-AZ) would raise the bar, helping to assure that approved water projects are a good investment for the economy and for the environment. The bill will also help prevent Congress from channeling limited funds to their home districts to finance water projects that fly in the face of the Corps’ responsibility to restore, not degrade, the environment. With the level of support for reforming the Corps mounting higher across party lines, this is an issue taking on increased importance in Congress.
Recent reports and investigations including one from the National Academy of Sciences reveal serious problems in the Corps’ planning process, the way it conducts economic analyses, and how the Corps manages environmental impacts. In addition to more than 300 projects already under construction, hundreds more are authorized but not yet underway, creating a 50-year project backlog exceeding $50 billion. The Corps of Engineers Modernization and Improvement Act of 2002 marks the third Corps reform legislation introduced in this Congress, and it reinforces the need for several of the reforms proposed by other Senators and Representatives, as well as President Bush.
HYDRO REFORM LEGISLATION
Two congressmen working with environmental groups introduced a bill that would significantly change the hydroelectric industry by reforming the dam licensing process, charging utilities fees for use of public lands and instituting decommissioning requirements similar to those already used for nuclear power plants. Industry groups say that the bill places excessive demands on dam owners and will stymie further growth in the industry. One of the primary purposes of the Federal Investment in Sustainable Hydropower (FISH) Act would be to reform the delay-ridden relicensing process. The process typically takes five years, and dams are then certified for 30 to 50 years. If the certification process takes longer, however, the Federal Energy Regulatory Commission issues temporary, one-year licenses until the application is finished. These annual licenses may serve as a disincentive to completing the process. Under the FISH Act, dam owners installing fish-friendly turbines would be given priority consideration in the relicensing process as well as fee discounts. License duration would also be reduced to between 15 and 30 years, and interim conditions would be placed on annual licenses. “Dropping the re-license term to 15 years brings this process more in line with other environmental permits and licenses,” said Charles Gauvin, president of Trout Unlimited. The bill would also create a decommissioning fund for dams that are no longer in operation and need to be removed. On March 13, the bill was referred to the House Subcommittee on Energy and Air Quality. <http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.3800:>
DEEPER RIVER RETAINS POLITICAL SUPPORT
Most of the major candidates for governor expressed support Monday for deepening the Columbia River channel despite an investigative series in The Oregonian that questioned the project’s economic benefits.
This $188 million project to deepen the channel from a minimum of 40 feet to 43 feet had been supported by five of the six major candidates for governor. The exception was Stein, who said she was sympathetic to the goals of the project but was worried about potential harm to the environment.
<http://www.oregonlive.com/special/port/index.ssf?/xml/story.ssf/html_standar> d.xsl?/base/news/101593774928560120.xml
INFRASTRUCTURE FINANCING/CWA/SDWA
The Water Investment Act of 2002 (S. 1961) and The Clean Water and Drinking Water SRF Reauthorization Act of 2002 (H.R. 3792) were introduced in February. They provide additional resources to States, Tribes, and localities to meet water infrastructure needs. They authorize funding of over $20 billion over 5 years nationwide for clean water and $15 billion over 5 years nationwide for safe drinking water projects. The bills: allow an extension of loan terms and more favorable loan terms (including principal forgiveness) for disadvantaged communities; make the authority to transfer funds between the Safe Drinking Water Act and Clean Water Act State revolving funds permanent; encourage a review of options for consolidation, public-private partnerships, and low-impact technologies before proceeding with a project; and clarifies that planning, design, and associated preconstruction costs are eligible for funds.
The bills are missing a number of important elements including: setting aside a specific percentage of funds for nonpoint source pollution controls and nonstructural approaches, funding projects based on the states’ priority system ranking, ensuring that funds are not used to subsidize new sprawl development, and accountability for, and public participation in, funding decisions. These bills also do not remove incentives for noncompliance with the Clean Water Act. The Senate bill does authorize a demonstration program at $10 million per year over 5 years to promote innovations in technology and alternative approaches to water quality management and water supply to ensure that nonpoint source pollution receives appropriate emphasis; To view the bills, go to thomas.loc.gov and enter the bill numbers.
BUSH CITES DEFENSE NEEDS IN OPPOSING $20 BILLION FOR WASTEWATER FACILITIES
The administration said it opposes a House plan to make billions more available to help states with clean water projects because defense spending must take priority. Legislation would set aside $20 billion over five years for Clean Water Act projects to improve sewage treatment systems and reduce stormwater runoff. Congress has funded such projects at $1.35 billion annually for the past five years. The president, in his budget for the fiscal year that begins Oct. 1, is seeking $1.21 billion. <http://enn.com/news/wire-stories/2002/03/03142002/ap_46670.asp>
EPA EYES NEW TMDL PLANNING TO REPLACE STATE IMPLEMENTATION PLANS
EPA is considering overhauling an existing, little-used management system for state Clean Water Act (CWA) programs to replace a controversial provision requiring states to seek EPA approval for implementation plans that the Clinton-era total maximum daily loads (TMDL) rule required.
Sources say that EPA will likely revamp the continuing planning process (CPP) program and use that as the means to ensure that states actually implement TMDLs for impaired waters. The proposal will be issued as part of the agency’s new TMDL proposal due in June.
While few details of the likely revisions are available, the EPA proposal is winning praise from state officials who had adamantly opposed the Clinton-era implementation requirements. However, environmentalists are criticizing the plans because they fear EPA will not be able to ensure that states implement TMDLs.
CPPs are management systems for implementing the Clean Water Act (CWA) in a state and are required under section 303(e) of the CWA. They are intended to allow states to tie together the different individual elements of its clean water programs and provide a broad blueprint of the state’s clean water efforts. A state’s CPP may include details of its water quality standards, TMDLs, National Pollutant Discharge Elimination System (NPDES) permits and funding mechanisms.
REGULATIONS DEALING WITH COOLING WATER INTAKE STRUCTURES
EPA Administrator Christie Whitman recently signed a proposed regulation that would reduce the number of fish, shellfish, and other aquatic life harmed or killed by the effects of withdrawing cooling water from rivers, streams, lakes, reservoirs, estuaries, and oceans. It would apply to certain existing power-producing facilities that use large amounts of water to cool power producing-machinery. The proposed regulation would establish requirements based on the best technology available for minimizing the effects of cooling water withdrawals. It would also allow for local decision making to determine how to minimize the effects of cooling water intakes if site-specific factors lead to costs that are either significantly greater than projected, or significantly greater than benefits at that site. Under the proposed regulation, waterbodies that are more sensitive or that have more extensive aquatic resources will receive increased protection. The proposed regulation also provides that facilities may use restoration measures in addition to, or in lieu of, direct controls on the cooling water intake to protect aquatic life. By laying out several options in the proposal, the public is afforded the opportunity to comment on a broad range of potential scenarios for protection of fish, shellfish and other aquatic life. For more information on this proposal, visit <www.epa.gov/waterscience/316b/> The agency announced the proposal in response to a suit by an environmental group, Riverkeeper Inc. of Garrison, N.Y. The suit accused the EPA of failing to enforce 1972 Clean Water Act requirement to use the “best technology available for minimizing the effects of cooling water withdrawals.” <http://enn.com/news/wire-stories/2002/03/03062002/ap_46594.asp> <http://www.nytimes.com/aponline/national/AP-EPA-Water-Intakes.html>
AMERICA’S WATERWAYS CONTAMINATED BY MEDICATIONS, PERSONAL CARE PRODUCTS
A USGS analysis shows the nation’s waterways are awash in traces of chemicals used in beauty aids, medications, cleaners, and foods. Among the substances: caffeine, contraceptives, painkillers, insect repellent, perfumes, and nicotine. Scientists say the problem is that these substances largely escape regulation and defy municipal wastewater treatment. And the long-term effects of exposure are unclear, they say. Many of these substances fall through regulatory cracks, because they are not defined as pollution under clean water laws, and the Food and Drug Administration has not examined the environmental impact of most drugs since 1997.
The survey could prompt the FDA to revitalize its environmental investigations into drug safety. <http://enn.com/news/wire-stories/2002/03/03132002/ap_46656.asp> The USGS monitoring program is slated to be eliminated under proposed Bush administration budget cuts. The results of specific site analyses can be found at <http://toxics.usgs.gov/regional/emc.html>
EPA CHIEF DEFENDS HALVING TOXIC WASTE CLEANUPS AS SUPERFUND MONEY NEARS DEPLETION
EPA chief Christie Whitman on Tuesday defended cutting by half the toxic waste sites being cleaned up around the nation. The administrator of the Environmental Protection Agency said the fewer sites arise from having to spread the same amount of money each year for more costly, more complex, and larger sites. At the same time, Congress and the Bush administration have been reluctant to reimpose a Superfund tax on polluters and other businesses.
<http://enn.com/news/wire-stories/2002/03/03132002/ap_46657.asp>
WATER PRIZE
The winner of the 2002 Stockholm Water Prize is the Venezuelan hydrologist Professor Ignacio Rodrguez-Iturbe of Princeton University, USA. He is being honored for his significant scientific contributions to the understanding of the interaction between climate, soil and vegetation structures, surface water, floods and droughts. <http://www.siwi.org/swp/swp.html> For more complete information about the 2002 Stockholm Water Prize Laureate, his research, accomplishments and photos, visit <http://www.siwi.org> .
CONFERENCES
River Rally 2002, May 17-21, Asheville, NC River Network’s third annual River Rally will take place at the Holiday Inn SunSpree Resort in Asheville, NC. This comprehensive conference offers workshops for all those working to understand, restore and protect rivers. Staff, volunteers and board members, experienced and inexperienced, will benefit from workshops in organizational development, watershed science, self-care and much more. This year’s event will be surrounded by numerous activities, over 30 art galleries, and the nearby French Broad, Pigeon, and Nantahala rivers. Early registration at a discounted price ends March 27, 2002. Visit the River Network web site at <www.rivernetwork.org> for the most current Rally information.
10th National Nonpoint Source Monitoring Workshop, Monitoring and Modeling from the Peaks to the Prairies, September 8-12, 2002, Beaver Run Resort, Breckenridge, CO <www.ctic.purdue.edu/NPSWorkshop.html>
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