-

B. Water Permits As currently drawn (along Nipton Road), the Park boundary includes 548 acres of our privately owned land which is the source of our underground water for processing at the mine. This wellfield includes 8 wells. Although S. 11 is silent on the issue of water and presumes the courts will determine the issue after the Park has been legislated into existence, Molycorp is very concerned about the protection of our water permits. It is not a satisfactory solution to leave this issue unresolved or subject to litigation. To provide guaranteed water supplies for the mine's continued operation, we request a boundary change so Molycorp will be able to retain its surface ownership of the land overlying the underground aquifer.

C.

Rights-of-Way S. 11 as written does not include pipeline rights-of-way for water or processing water lines. Under Sec. 411 of the Utility Rights-of-Way portion of S. 11 (page 40) it says: "Nothing in this Title shall have the effect of terminating any validly issued right-of-way or right-of-use within the Boundary of the Park issued, granted, or permitted for "...

under item b. "pipelines for the transmission or distribution of natural gas or oil." Water Rights-of-Way are not protected. Molycorp has three BLM utility rights-of-way that roughly parallel I-15 and are inside the proposed Park boundary and are necessary for the operation of the mine. Well water from the Shadow Valley area 10 miles west of Mountain Pass is pumped via pipeline and right-of-way through a six-mile long portion of the Park. Water from the Nipton Road wellfield is pumped via right-of-way through 6 miles of Park, east of Mountain Pass. Process waste waters from the mine traverse a three-mile section of the Park via a BLM right-of-way to our Ivanpah Evaporation Pond five miles north of the Park. Molycorp requests inclusion of water and waste-water pipeline rights-of-way under Sec. 411, part b.

D.

Scenic Vistas/Air Quality -- There are several issues concerning compliance with scenic vista regulations and air quality standards that need to be addressed by the Committee. For example, the Mountain Pass mine will be visible from Clark Mountain, which is within the proposed boundary of the East Mojave National Park. Certainly, the intent of S. 11 is not to shut the mine down. Therefore, appropriate language should be added to the legislation to address the protection of prior existing rights.

Statement of

The Metropolitan Water District of Southern California

to the

Subcommittee on Public Lands, National Parks and Forests

Committee on Energy and Natural Resources

United States Senate

on

S.11

the California Desert Protection Act of 1989

October 12, 1989

The Metropolitan Water District of Southern California respectfully submits the following comments on S.11, the

Alan Cranston.

California Desert Protection Act of 1989, introduced by Senator If enacted, this legislation would preserve 8.5 million acres of California desert in newly designated wilderness

areas and national parks.

Metropolitan, a public entity, owns and operates the

Colorado River Aqueduct.

The aqueduct transports water 242 miles

across the desert from Parker Dam on the Colorado River to Lake Mathews, the terminal reservoir in Riverside County, for distribution throughout the densely populated coastal plain of southern California. This region, extending from southern Ventura County to the Mexican border and populated by nearly 15 million people, depends on imported water to meet more than half of its current water demand. The Colorado River Aqueduct accounts for more than half of this imported supply, or roughly 34 percent of the region's total current water demand.

The facilities required to move water through the aqueduct system include a field headquarters at Gene Village near Lake Havasu, two regulating reservoirs near this facility, five pumping stations, 54.5 miles of conduit, 63 miles of open, concrete-lined canal, 90 miles of tunnels varying in length from 338 feet to 18.3 miles, 324 miles of high power transmission lines, microwave communication sites, access roads, small runways for patrol aircraft and other appurtenant features.

The Metropolitan Water District was formed in 1928 in order

to increase the region's reliable water supply. Once formed, it moved quickly to construct the Colorado River Aqueduct and related facilities and began delivering Colorado River water to southern California in 1941. The aqueduct has been operated continuously for nearly 50 years and is a key feature in meeting future water demands of the fastest growing region in the United States.

The lands used in conjunction with the aqueduct are owned in fee title by Metropolitan pursuant to the Act of Congress approved June 18, 1932 (47 Stat. 324), which also granted Metropolitan the right to take from any public lands, within limits designated by the Secretary of the Interior, stone, earth, sand, gravel and other materials of like character necessary or useful for purposes of the aqueduct.

Pursuant to the 1928 Boulder Canyon Project Act (43 U.S.C. §§617-619b, as amended), Metropolitan also owns rights-of-way for the use of public and reserved lands of the United States necessary or convenient for the construction, operation, and maintenance of main transmission lines, which carry electrical energy from the power plant at Hoover Dam for operation of the Colorado River Aqueduct. (Id. at $617d(d)).

It appears from maps setting forth the locations of the land designations in S.11 that several of the proposed Wilderness areas and park additions may overlie some of Metropolitan's desert lands and/or facilities. are as follows:

Examples of possible conflict