Accountant Position Available
The South Columbia Basin Irrigation District is accepting applications for the position of Accountant. Bachelor’s degree in Accounting and 1-3 years of governmental accounting experience preferred. Suitable accounting experience may satisfy degree requirement. Wage: $18.39 - $22.92 per hour DOQ. Benefit package includes medical, dental, retirement, paid vacation, holidays and sick leave. Interested parties should submit a resume and letter of interest to HR Manager, P.O. Box 1006, Pasco, WA 99301 by 7/24/09.
Thursday, June 25, 2009
Friday, June 19, 2009
Commisioner Conner has his Plate Full
WATER: Seasoned government lawyer takes on West's intractable problems (Thursday, June 18, 2009)Eryn Gable, special to E&E
From the fields of California's San Joaquin Valley to the city of Las Vegas, the Bureau of Reclamation has transformed the landscape of the West by damming rivers that helped agriculture boom and cities blossom. The 600 dams the Bureau of Reclamation has built across 17 Western states stand as lasting monuments to the agency's engineering accomplishments, but as the agency looks ahead, it faces numerous challenges.
Much of that infrastructure is in need of repair, and the dams have forever altered Western ecosystems, sometimes creating conflicts between the needs of people and those of fish and wildlife species. Additionally, the uncertainties of climate change and future population growth in the West are expected to place new burdens on the region's water supplies.
The man set to take on these challenges is Michael Connor, the newly appointed commissioner of the Bureau of Reclamation. Connor takes the helm of an agency that delivers water to more than 31 million people, provides one in five farmers with irrigation and is the second-largest producer of hydroelectric power in the West.
"I think we need to seize opportunities to solve big problems," Connor told an audience earlier this month at a conference on Western water issues at the University of Colorado, Boulder.
In a subsequent interview with E&E, Connor suggested that the federal government can play a role in helping to solve conflicts over water in areas such as the Klamath Basin, California's Bay Delta and the Colorado River.
"What I want to see is that we're at the table, that we're part of the dialogue, that we're helping to mold the strategy that people put together to solve these issues for the long term," he said.
Outsized challenges
Among the major challenges Connor identified that are facing the bureau are drought, increasing population growth in the West that is driving increasing municipal needs for water, food supply security, degraded ecosystems, achieving energy independence and climate change.
Equally daunting is the fact that all of those issues must be handled in a time of tight purse strings. "I think the budget issues are going to be the most significant challenge to having the successes and making the progress that this administration hopes to make," Connor said.
The bureau is set to receive $1 billion from the American Recovery and Reinvestment Act, including $450 million for future water supply needs, $165 million to improve infrastructure reliability and safety, $236 million for ecosystem restoration and $80 million for drought relief. But even with the stimulus funding, the agency faces a $620 million backlog for water recycling and reuse projects, a $1.5 billion backlog for rural water projects, at least a $1 billion backlog for authorized American Indian water rights settlements, and at least a $1.2 billion backlog for ecosystem restoration projects.
In light of these challenges, Connor said his priorities would be to aggressively implement water efficiency and conservation projects, assess and address the effects of climate change and help develop the new energy economy.
Although hydroelectric power is a renewable energy source, Connor does not see the bureau engaging in any major dam-building projects as part of its role in developing the new energy economy. Rather, he says, water conservation and efficiency, using more renewables like wind and solar in its operations, and generating more hydropower at its existing facilities will be vital in helping to reduce the United States' reliance on carbon-based fuels.
"I don't want to go down the path of saying we need to create more dams so that we have more hydro," Connor said. "Those proposals just take so long and are so controversial. I think we need to look for something that's more viable."
Looking ahead, Connor also said the bureau needs to continue to operate its facilities in a way that serves a lot more values than its traditional role of providing water for agriculture and cities.
The bureau needs to be "operating dams in a way that makes sense given the climate challenge and ecosystem challenges while still trying to find a way of making sure that we can deliver water and generate power," he said. "It's the operation of those facilities that I think will be a key signature item as we move forward."
Deep, diverse background
Connor brings a mixed background to his job as the bureau's commissioner, from his work as an engineer to his roles as a water lawyer and a congressional aide. He has more than 15 years of experience in the public sector, most recently serving as counsel to the Senate Energy and Natural Resources Committee since 2001. At the committee, Connor managed legislation for the Bureau of Reclamation and the U.S. Geological Survey, developed water resources legislation and handled American Indian issues within the committee's jurisdiction.
Prior to that, Connor worked in the Interior Department, first in the Interior Solicitor's Office and eventually as director of the Indian Water Rights Office from 1998 to 2001. In that role, he represented the Interior Department in negotiations with Indian tribes, state representatives and private water users to secure water rights settlements.
Connor has a law degree from the University of Colorado, Boulder's School of Law and a bachelor's degree in chemical engineering from New Mexico State University. He has also worked for General Electric Co.
Because of his background, Connor brings an understanding of the limitations of Western water law to his job, as well as an understanding of the pitfalls of Congress. Additionally, his work on Indian water rights settlements, in particular, has demonstrated his ability to bring people with disparate interests together to work toward a common solution.
John D'Antonio, New Mexico's state engineer, described Connor as a tough but fair negotiator, noting Connor's ability to bring resolution to three American Indian water rights settlements in New Mexico and another in Arizona.
"In all those cases, nobody got everything they wanted, but everybody got enough that they would sign the settlement agreement," D'Antonio said.
Reaching those settlements was not an easy task, and it often required a good bit of determination -- and sometimes even well-timed threats -- on Connor's part.
"He could be very tough when he needed to be. Sometimes you need to knock heads together to get things done," said Jennifer Gimbel, who worked at the Bureau of Reclamation under the Bush administration and chaired Interior's Indian Water Rights Working Group from 2005 to 2007.
Results-oriented leader
Mark Limbaugh, who served as assistant Interior secretary for water and science under the Bush administration, said he found Connor to be someone who could make good policy decisions based on fairness, rather than emotions. "Even when we didn't agree, I understood his position," he said.
Despite Connor's long service in Washington, D.C., Interior Deputy Secretary David Hayes described him as someone who remains untouched by the large egos so prevalent on Capitol Hill.
"He's not looking for the limelight, he's looking for results," said Hayes, who has known Connor since the Clinton administration. "He cares about results more than publicity or self-aggrandizement."
"He is a wonderful, kind and modest individual whose intellect doesn't get in the way of his humanity," added David Getches, the dean of the University of Colorado School of Law. "I think he'll be a great commissioner."
Tanya Trujillo, who has taken over Connor's job as counsel for the Energy Committee and previously worked as general counsel for the New Mexico Interstate Stream Commission, added that Connor has good problem-solving skills. "He'll be good at thinking creatively and proactively in accomplishing what I'm sure are very ambitious goals he has set for himself and the agency," she said.
Getches noted that Connor's interest in water goes back to his days as a law student, and his depth of knowledge on Western water issues will serve him well in his new role. "Choosing him was not done as a political payback. It was a true exercise in meritocracy," he said.
Connor's experience on Capitol Hill and at Interior is also expected to give him a leg up as commissioner. "He's going to be able to go in and not miss a beat," said Kellie Donnelly, the GOP's deputy chief counsel on the Energy Committee. "He's going to get in and hit the ground running."
Larry MacDonnell, who was a professor at the University of Colorado while Connor was a student, noted that Connor faces a number of challenges as the head of the Bureau of Reclamation, including the growing populations of the West and the uncertainties associated with climate change. But MacDonnell expressed confidence that Connor will rise to meet those challenges.
"He's got his plate full, but I don't think he'd have it any other way," MacDonnell said.
From the fields of California's San Joaquin Valley to the city of Las Vegas, the Bureau of Reclamation has transformed the landscape of the West by damming rivers that helped agriculture boom and cities blossom. The 600 dams the Bureau of Reclamation has built across 17 Western states stand as lasting monuments to the agency's engineering accomplishments, but as the agency looks ahead, it faces numerous challenges.
Much of that infrastructure is in need of repair, and the dams have forever altered Western ecosystems, sometimes creating conflicts between the needs of people and those of fish and wildlife species. Additionally, the uncertainties of climate change and future population growth in the West are expected to place new burdens on the region's water supplies.
The man set to take on these challenges is Michael Connor, the newly appointed commissioner of the Bureau of Reclamation. Connor takes the helm of an agency that delivers water to more than 31 million people, provides one in five farmers with irrigation and is the second-largest producer of hydroelectric power in the West.
"I think we need to seize opportunities to solve big problems," Connor told an audience earlier this month at a conference on Western water issues at the University of Colorado, Boulder.
In a subsequent interview with E&E, Connor suggested that the federal government can play a role in helping to solve conflicts over water in areas such as the Klamath Basin, California's Bay Delta and the Colorado River.
"What I want to see is that we're at the table, that we're part of the dialogue, that we're helping to mold the strategy that people put together to solve these issues for the long term," he said.
Outsized challenges
Among the major challenges Connor identified that are facing the bureau are drought, increasing population growth in the West that is driving increasing municipal needs for water, food supply security, degraded ecosystems, achieving energy independence and climate change.
Equally daunting is the fact that all of those issues must be handled in a time of tight purse strings. "I think the budget issues are going to be the most significant challenge to having the successes and making the progress that this administration hopes to make," Connor said.
The bureau is set to receive $1 billion from the American Recovery and Reinvestment Act, including $450 million for future water supply needs, $165 million to improve infrastructure reliability and safety, $236 million for ecosystem restoration and $80 million for drought relief. But even with the stimulus funding, the agency faces a $620 million backlog for water recycling and reuse projects, a $1.5 billion backlog for rural water projects, at least a $1 billion backlog for authorized American Indian water rights settlements, and at least a $1.2 billion backlog for ecosystem restoration projects.
In light of these challenges, Connor said his priorities would be to aggressively implement water efficiency and conservation projects, assess and address the effects of climate change and help develop the new energy economy.
Although hydroelectric power is a renewable energy source, Connor does not see the bureau engaging in any major dam-building projects as part of its role in developing the new energy economy. Rather, he says, water conservation and efficiency, using more renewables like wind and solar in its operations, and generating more hydropower at its existing facilities will be vital in helping to reduce the United States' reliance on carbon-based fuels.
"I don't want to go down the path of saying we need to create more dams so that we have more hydro," Connor said. "Those proposals just take so long and are so controversial. I think we need to look for something that's more viable."
Looking ahead, Connor also said the bureau needs to continue to operate its facilities in a way that serves a lot more values than its traditional role of providing water for agriculture and cities.
The bureau needs to be "operating dams in a way that makes sense given the climate challenge and ecosystem challenges while still trying to find a way of making sure that we can deliver water and generate power," he said. "It's the operation of those facilities that I think will be a key signature item as we move forward."
Deep, diverse background
Connor brings a mixed background to his job as the bureau's commissioner, from his work as an engineer to his roles as a water lawyer and a congressional aide. He has more than 15 years of experience in the public sector, most recently serving as counsel to the Senate Energy and Natural Resources Committee since 2001. At the committee, Connor managed legislation for the Bureau of Reclamation and the U.S. Geological Survey, developed water resources legislation and handled American Indian issues within the committee's jurisdiction.
Prior to that, Connor worked in the Interior Department, first in the Interior Solicitor's Office and eventually as director of the Indian Water Rights Office from 1998 to 2001. In that role, he represented the Interior Department in negotiations with Indian tribes, state representatives and private water users to secure water rights settlements.
Connor has a law degree from the University of Colorado, Boulder's School of Law and a bachelor's degree in chemical engineering from New Mexico State University. He has also worked for General Electric Co.
Because of his background, Connor brings an understanding of the limitations of Western water law to his job, as well as an understanding of the pitfalls of Congress. Additionally, his work on Indian water rights settlements, in particular, has demonstrated his ability to bring people with disparate interests together to work toward a common solution.
John D'Antonio, New Mexico's state engineer, described Connor as a tough but fair negotiator, noting Connor's ability to bring resolution to three American Indian water rights settlements in New Mexico and another in Arizona.
"In all those cases, nobody got everything they wanted, but everybody got enough that they would sign the settlement agreement," D'Antonio said.
Reaching those settlements was not an easy task, and it often required a good bit of determination -- and sometimes even well-timed threats -- on Connor's part.
"He could be very tough when he needed to be. Sometimes you need to knock heads together to get things done," said Jennifer Gimbel, who worked at the Bureau of Reclamation under the Bush administration and chaired Interior's Indian Water Rights Working Group from 2005 to 2007.
Results-oriented leader
Mark Limbaugh, who served as assistant Interior secretary for water and science under the Bush administration, said he found Connor to be someone who could make good policy decisions based on fairness, rather than emotions. "Even when we didn't agree, I understood his position," he said.
Despite Connor's long service in Washington, D.C., Interior Deputy Secretary David Hayes described him as someone who remains untouched by the large egos so prevalent on Capitol Hill.
"He's not looking for the limelight, he's looking for results," said Hayes, who has known Connor since the Clinton administration. "He cares about results more than publicity or self-aggrandizement."
"He is a wonderful, kind and modest individual whose intellect doesn't get in the way of his humanity," added David Getches, the dean of the University of Colorado School of Law. "I think he'll be a great commissioner."
Tanya Trujillo, who has taken over Connor's job as counsel for the Energy Committee and previously worked as general counsel for the New Mexico Interstate Stream Commission, added that Connor has good problem-solving skills. "He'll be good at thinking creatively and proactively in accomplishing what I'm sure are very ambitious goals he has set for himself and the agency," she said.
Getches noted that Connor's interest in water goes back to his days as a law student, and his depth of knowledge on Western water issues will serve him well in his new role. "Choosing him was not done as a political payback. It was a true exercise in meritocracy," he said.
Connor's experience on Capitol Hill and at Interior is also expected to give him a leg up as commissioner. "He's going to be able to go in and not miss a beat," said Kellie Donnelly, the GOP's deputy chief counsel on the Energy Committee. "He's going to get in and hit the ground running."
Larry MacDonnell, who was a professor at the University of Colorado while Connor was a student, noted that Connor faces a number of challenges as the head of the Bureau of Reclamation, including the growing populations of the West and the uncertainties associated with climate change. But MacDonnell expressed confidence that Connor will rise to meet those challenges.
"He's got his plate full, but I don't think he'd have it any other way," MacDonnell said.
Friday, June 5, 2009
11th Circuit Court adopt Unitary Waters Theory
Clean Water Act Regulates One Pot of Soup: The Unitary Waters Theory Adopted
The Eleventh Circuit Court of Appeals, in an order filed today, was the first court to interpret a recent Environmental Protection Agency (EPA) regulation, the Water Transfers Rule (40 C.F.R. § 122.3(i)), which affects the Clean Water Act National Pollution Discharge Elimination System (NPDES).
The case before the Court involved litigation brought by environmental groups and the Miccosukee Tribe of Indians claiming the South Florida Water Management District was violating the Clean Water Act by pumping waters polluted by a “loathsome concoction of chemical contaminants” into Lake Okeechobee. The EPA joined the case on the side of the Water District arguing that a NPEDS permit was not necessary. The trial court concluded the District violated the Clean Water Act and ordered the executive director of the Water District to apply for a NPDES permit.
The big issue in the case and on appeal was the meaning of the word “addition.” The Clean Water Act bans the discharge of any pollutant without a permit, and “discharge” is defined as “any addition of any pollutant to navigable waters from any point source. Unfortunately for the courts and many litigants, the Clean Water Act did not define “addition.”
The EPA argued that no permit was necessary for the water district in this case, because the water was already polluted when it passed through the pumps (the point sources) into the lake, and that “navigable waters” means all of the United States navigable waters as a whole. Thus, according to the EPA no pollutants were added to the navigable waters as they passed through district managed pumps to the lake. The metaphor used by the U.S. Supreme Court describing this “unitary waters theory” is a soup pot. When you scoop soup into a ladle and then pour it back into the pot you have not “added” any soup to the pot. Under the unitary waters theory, all of the United States navigable waters are one pot of soup.
Previous courts rejected the unitary waters theory. The difference here is that the 11th Circuit could include consideration of the Water Transfers Rule recently adopted by the EPA to support a unitary waters theory. In order to apply the Water Transfers Rule, the Court had to determine whether the language of the Clean Water Act was “ambiguous.” Both sides of the controversy argued reasonable but conflicting interpretations of the “navigable waters” language – does it mean one collective group of water, or does it mean any distinct body of water? The Court determines that since it could mean either, the language was ambiguous.
Because of the ambiguity, the Court was required to defer to EPA’s Water Transfers Rule enacted by the EPA, because it matched one of the reasonable interpretations of the statute. Thus, unless and until the EPA rescinds their rule or Congress overrides it, all bodies of navigable water in the United States are to be considered one body of water for the purpose of NPDES permits.
Since South Florida Water District was not adding the pollutants to the water initially, and was merely transferring polluted water from one place to another, the District was not required to obtain a permit – something the environmental groups in the case find contrary to the purpose of the Clean Water Act.
Eleventh Circuit Case: Friends of the Everglades, Florida Wildlife Federation et al. v. South Florida Water Management District, et. al. D.C. Docket No. 02-80309-CV-CMA, Order filed June 4, 2009.
The Eleventh Circuit Court of Appeals, in an order filed today, was the first court to interpret a recent Environmental Protection Agency (EPA) regulation, the Water Transfers Rule (40 C.F.R. § 122.3(i)), which affects the Clean Water Act National Pollution Discharge Elimination System (NPDES).
The case before the Court involved litigation brought by environmental groups and the Miccosukee Tribe of Indians claiming the South Florida Water Management District was violating the Clean Water Act by pumping waters polluted by a “loathsome concoction of chemical contaminants” into Lake Okeechobee. The EPA joined the case on the side of the Water District arguing that a NPEDS permit was not necessary. The trial court concluded the District violated the Clean Water Act and ordered the executive director of the Water District to apply for a NPDES permit.
The big issue in the case and on appeal was the meaning of the word “addition.” The Clean Water Act bans the discharge of any pollutant without a permit, and “discharge” is defined as “any addition of any pollutant to navigable waters from any point source. Unfortunately for the courts and many litigants, the Clean Water Act did not define “addition.”
The EPA argued that no permit was necessary for the water district in this case, because the water was already polluted when it passed through the pumps (the point sources) into the lake, and that “navigable waters” means all of the United States navigable waters as a whole. Thus, according to the EPA no pollutants were added to the navigable waters as they passed through district managed pumps to the lake. The metaphor used by the U.S. Supreme Court describing this “unitary waters theory” is a soup pot. When you scoop soup into a ladle and then pour it back into the pot you have not “added” any soup to the pot. Under the unitary waters theory, all of the United States navigable waters are one pot of soup.
Previous courts rejected the unitary waters theory. The difference here is that the 11th Circuit could include consideration of the Water Transfers Rule recently adopted by the EPA to support a unitary waters theory. In order to apply the Water Transfers Rule, the Court had to determine whether the language of the Clean Water Act was “ambiguous.” Both sides of the controversy argued reasonable but conflicting interpretations of the “navigable waters” language – does it mean one collective group of water, or does it mean any distinct body of water? The Court determines that since it could mean either, the language was ambiguous.
Because of the ambiguity, the Court was required to defer to EPA’s Water Transfers Rule enacted by the EPA, because it matched one of the reasonable interpretations of the statute. Thus, unless and until the EPA rescinds their rule or Congress overrides it, all bodies of navigable water in the United States are to be considered one body of water for the purpose of NPDES permits.
Since South Florida Water District was not adding the pollutants to the water initially, and was merely transferring polluted water from one place to another, the District was not required to obtain a permit – something the environmental groups in the case find contrary to the purpose of the Clean Water Act.
Eleventh Circuit Case: Friends of the Everglades, Florida Wildlife Federation et al. v. South Florida Water Management District, et. al. D.C. Docket No. 02-80309-CV-CMA, Order filed June 4, 2009.
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