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Volume 8, No. 15
July 20, 1984 in "�" „
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National Water Resources Association 955 L'Enfant Plaza, North Bldg., S.W. Washington, D.C. 20024 (202)488-0610
***Robert N . Broadbent was sworn in as Assistant Secretary of the
Interior for Water and Science on Monday, July 16, under a recess appointment
from President Reagan. Mr. Broadbent ' s nomination did not come to a vote in
the Senate before Congress recessed at the end of June . The recess
appointment is good until the end of the first session of the 99th Congress ,
which starts next January. A new nomination must be sent to the Senate within
40 days after the new Congress convenes . There are some legal purists who
would argue that a " recess appointment" is not technically legal under the
circumstances because the 98th Congress has not adjourned but is merely in
recess until a time certain . It is not expected that anyone will challenge
the appointment , however . (The same holds true of the President ' s recess
appointment of Dr . Martha R . Seger as a governor of the Federal Reserve
System.
***Congress returns to Washington on Monday, July 23rd, after a recess
for the July 4th holiday and the Democratic Convention. They will remain in
session until August 13th , when they will leave town again until September
5th, this time for the Republican Convention in Dallas .
As they left town for the Independence Day holiday, House and Senate
leaders were patting themselves on the back for getting as much done as they
did. That may be true from a global perspective, but from the standpoint of
water legislation, there is much that is yet to be done and precious little
time to do it.
Among the major bills yet to budge out of the starting blocks are two
that are scheduled for hearing in the House Interior Committee ' s Water and
Power Resources Subcommittee during the between conventions work session.
On Tuesday, July 24th, a hearing will be held on H .R . 4496 , the Central
South Dakota Water Supply System Act of 1984, introduced by Rep Thomas
Daschle . The legislation would authorize the CENDAK unit of the Pick-Sloan
Missouri Basin Project and provide irrigation for about 474,000 acres in six
central South Dakota counties . Facilities constructed and acquired for the
Oahe Unit are to be salvaged and utilized as much as possible. The estimated
cost of the project is $1 .4 B, of which $777 M will be repaid by irriyators
and $598 M by power users . Non-reimbursable costs total $13 . 5 M. A
feasibility study for the project was authorized in 1982 .
On Tuesday, July 31st, the Water and Power Resources Subcornm will mark up
HR 2790, the Colorado River Basin Salinity Control Act, which was the subject
of a hearing on April 3rd. The legislation was introduced by Rep Ray
Kogovsek (CO) with 27 cosponsors.
Even while these bills are just getting started through the legislative
mill, a number of other bills have already gone part way through the process
but still have a long way to go. They include:
HR 3678, the $14B Omnibus Public Works Authorization Bill , passed the
Hone on June 29 by a vote of 259-33 . It includes provision to establish a new
National Board of Water Policy . An attempt by Rep Richard Cheney (WY) to
knock the water policy board out of the bill failed on a voice vote . A
companion bill but at a much small total authorization , S 1739 , is pending
before the full Senate after having been scrutinized by three Senate com-
mittees .
HR 3282 , the Clean Water Act Amendments, passed the House on a vote of
405-11 . There were no changes in Sec 404, which has been the cause of much
mischief. Pending in the Senate is S 431, a companion bill which was reported
from the Senate Committee on Environment and Public Works on September 21 ,
1983 .
HR 4444, to increase the authorization for the Small Reclamation Projects
Act by $600M, has cleared the House Interior Committee and is pending before
the House Rules Committee . Scuttlebutt from the Senate is that Sen Don
Nickles (OK) will not even hold a hearing on this legislation before his
1984aCONVENTION, HYATT Water andPower even though RIZONA,tNOVEMBER the
-15
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bill is S 1981 , was introduced by Sen James McClure (ID) , the Chairman of the
Full Committee.
HR 1652 , to increase the authorization for safety of dams, passed the
House on March 21 . The Senate Committee has cleared companion legislation, S
672 , which is still waiting for Senate action thanks to a "hold" by Sen
Metzenbaum (OH) .
S 1132 , to limit the annual charge for " falling water" at federally
constructed dams, has passed the Senate and is pending in the House Committee
on Energy and Commerce, where hearings have been held but no mark-up planned.
S 268, to authorize the construction of hydropower facilities at a number
of federal dams , has passed the Senate . A companion House measure, HR 4275,
was stripped of all but authorization for an increase in the power output of
Hoover Dam on the Colorado River . At this writing it is unclear whether the
Senate will ask for a conference on the two bills , accept the House bill as
is, or let both pending bills die.
HR 71 , to establish demonstration projects for ground water recharge of
aquifers in the High Plains States, has passed the House and been reported by
the Senate Energy Committee, but no action on the Senate floor.
S 805, to authorize the Santa Margarita Project in CA. Passed the Senate
in June, 1983 . House Subcommittee hearings were held on a companion bill, FIR
1581 , on April 10, 1984, but no markup has been held.
HR 4480 , to establish an alternate means of financing water projects
through a program of insuring up to 90% of bonds issued by state and local
agencies . Hearings held on June 26 before the Water and Power Resources
Subcommittee.
HR 4402 , to declare that the preference clause in the granting of
licenses for hydroelectric projects on navigable streams applies only on
original licensing, not relicensing . Hearings have been held before the
Energy Conservation and Power Subcommittee of the House Energy and Commerce
Committee, but no markup has been held. Similar legislation is pending in the
Senate, but no action has been taken.
S 2788 , introduced on June 21 by Sen Howard Metzenbaum (OH) , would have
the net effect of increasing the amount consumers pay for electricity from the
Bonneville Power Administration . Sen McClure ( ID) has agreed to hold a
hearing on this legislation in October. The agreement to the hearings was a
concession in order to head off a possible amendment to the same effect to be
offered to the Water and Energy Development Appropriation Bill when it was
considered in the Senate.
***All roads may lead to Rome most of the time, but the end of July they
all will lead to Jackson, Wyoming, for the NWRA Western Water Seminar and
Summer Board Meeting. These functions will be held in the Virginian Lodge,
beginning Monday morning, July 30 at 8:30 a.m.
The seminar itself will finish up about noon on Tuesday and the Board of
Directors of NWRA will convene on Wednesday morning, August 1, at 8 :00 a.m.
A variety of topics is on the agenda for discussion, including pre-
sentations by representatives of the Corps of Engineers, FERC, the Fish and
Wildlife Service, EPA, WAPA, the Bureau of Reclamation, and House and Senate
Committees .
The social side of the agenda includes a golf tournament Monday afternoon
and a barbecue Monday evening. If you haven' t made plans to be there by the
time you receive this , you still might be able to get in if you call the
Executive Best Western 307/733-4340 ; 6-K Motel 307/733-2364 ; Wort Hotel
307/733-2190 or the Cache Creek Motel 307/733-7781 .
NWRA Committee Meetings scheduled thus far are: Resolutions- 8: 30a.m. on
Tues , July 31 , M&I Water Users- 2p . m. on Tues , July 31 , Indian Water
Claims-3p.m. on Tues, July 31, and Small Reclamation Projects- 3p.m. on Tues,
July 31 .
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