S. 2873, The Water Essential Storage To Enhance Regions in Need Act

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S. 2873 would amend the Federal Water pollution Control Act to establish a Corps of Engineers Board of Appeals for permits for certain water storage projects.

Detailed Summary

Water Essential Storage To Enhance Regions in Need Act or the WESTERN Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Secretary of the Army, not later than 90 days after the receipt of an application for a permit for a water storage project, to provide to the applicant a statement that describes: (1) whether the Secretary concurs with the assessment of, and alternatives for, the purposes and needs of such project as proposed by the applicant; and (2) if the Secretary doesn't concur, the Secretary's assessment.

Requires the Secretary, before issuing a permit, to provide to applicants records of decisions describing applicable conditions that will apply to such permits.

Requires the Secretary to establish the Corps of Engineers Board of Appeals to make determinations on all appeals relating to permits issued pursuant to such Act for water storage projects, including appeals regarding a purpose and need statement, a record of decision, and the Secretary's final decisions on permit approval. Sets forth factors for the Board to consider in making a determination on an appeal.

Provides that a determination by the Board supersedes other Corps of Engineers' appellate determinations regarding permits.

Status of the Legislation

Latest Major Action: 4/16/2008: Referred to Senate committee. Status: Read twice and referred to the Committee on Environment and Public Works.

Points in Favor

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Points Against

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