WGA concerned that proposed Hydropower Policy Modernization Act of 2017 usurps existing state authorities


The Western Governors' Association has voiced concern to the Chairman and Ranking Member of the House Committee on Energy and Commerce about provisions in the proposed Hydropower Policy Modernization Act of 2017 that designate the Federal Energy Regulatory Commission (FERC) as lead agency for all hydropower authorizations, approvals, and requirements mandated by federal law.

In a letter sent on May 1, 2017, WGA requested that this language be removed or amended so that existing state hydropower licensing authorities are not replaced, or in any way impeded, by FERC jurisdiction.

As expressed in section B(1)(a) of WGA Policy Resolution 2015‐08, Water Resource Management in the West: "While the Western Governors acknowledge the important role of federal laws such as the Clean Water Act, the Endangered Species Act and the Safe Drinking Water Act, nothing in any act of Congress or Executive Branch regulatory action should be construed as affecting or intending to affect states’ primacy over the allocation and administration of their water resources."

Learn more by watching the hearing, Legislation Addressing Pipeline and Hydropower Infrastructure Modernization, at 10 a.m. (ET) on May 3, 2017.

Read, download the letter

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