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+[House Hearing, 116 Congress] +[From the U.S. Government Publishing Office] + + + + THE STATE OF WATER SUPPLY RELIABILITY IN THE 21st CENTURY + +======================================================================= + + OVERSIGHT HEARING + + BEFORE THE + + SUBCOMMITTEE ON WATER, OCEANS, AND WILDLIFE + + OF THE + + COMMITTEE ON NATURAL RESOURCES + U.S. HOUSE OF REPRESENTATIVES + + ONE HUNDRED SIXTEENTH CONGRESS + + FIRST SESSION + + __________ + + Tuesday, February 26, 2019 + + __________ + + Serial No. 116-6 + + __________ + + Printed for the use of the Committee on Natural Resources + + [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] + + + Available via the World Wide Web: http://www.govinfo.gov + or + Committee address: http://naturalresources.house.gov + + + __________ + + U.S. GOVERNMENT PUBLISHING OFFICE +35-277 PDF WASHINGTON : 2019 + +-------------------------------------------------------------------------------------- +For sale by the Superintendent of Documents, U.S. Government Publishing Office, +http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, +U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). +E-mail, [email protected]. + + + + COMMITTEE ON NATURAL RESOURCES + + RAUL M. GRIJALVA, AZ, Chair + DEBRA A. HAALAND, NM, Vice Chair + GREGORIO KILILI CAMACHO SABLAN, CNMI, Vice Chair, Insular Affairs + ROB BISHOP, UT, Ranking Republican Member + +Grace F. Napolitano, CA Don Young, AK +Jim Costa, CA Louie Gohmert, TX +Gregorio Kilili Camacho Sablan, Doug Lamborn, CO + CNMI Robert J. Wittman, VA +Jared Huffman, CA Tom McClintock, CA +Alan S. Lowenthal, CA Paul A. Gosar, AZ +Ruben Gallego, AZ Paul Cook, CA +TJ Cox, CA Bruce Westerman, AR +Joe Neguse, CO Garret Graves, LA +Mike Levin, CA Jody B. Hice, GA +Debra A. Haaland, NM Aumua Amata Coleman Radewagen, AS +Jefferson Van Drew, NJ Daniel Webster, FL +Joe Cunningham, SC Liz Cheney, WY +Nydia M. Velazquez, NY Mike Johnson, LA +Diana DeGette, CO Jenniffer Gonzalez-Colon, PR +Wm. Lacy Clay, MO John R. Curtis, UT +Debbie Dingell, MI Kevin Hern, OK +Anthony G. Brown, MD Russ Fulcher, ID +A. Donald McEachin, VA +Darren Soto, FL +Ed Case, HI +Steven Horsford, NV +Michael F. Q. San Nicolas, GU +Matt Cartwright, PA +Paul Tonko, NY +Vacancy + + David Watkins, Chief of Staff + Sarah Lim, Chief Counsel + Parish Braden, Republican Staff Director + http://naturalresources.house.gov + + ------ + + SUBCOMMITTEE ON WATER, OCEANS, AND WILDLIFE + + JARED HUFFMAN, CA, Chair + TOM McCLINTOCK, CA, Ranking Republican Member + +Grace F. Napolitano, CA Doug Lamborn, CO +Jim Costa, CA Robert J. Wittman, VA +Gregorio Kilili Camacho Sablan, Garret Graves, LA + CNMI Jody B. Hice, GA +Jefferson Van Drew, NJ Aumua Amata Coleman Radewagen, AS +Nydia M. Velazquez, NY Daniel Webster, FL +Anthony G. Brown, MD Mike Johnson, LA +Ed Case, HI Jenniffer Gonzalez-Colon, PR +Alan S. Lowenthal, CA Russ Fulcher, ID +TJ Cox, CA Rob Bishop, UT, ex officio +Joe Neguse, CO +Mike Levin, CA +Joe Cunningham, SC +Raul M. Grijalva, AZ, ex officio + + ----------- + + CONTENTS + + ---------- + Page + +Hearing held on Tuesday, February 26, 2019....................... 1 + +Statement of Members: + Huffman, Hon. Jared, a Representative in Congress from the + State of California........................................ 1 + Prepared statement of.................................... 3 + McClintock, Hon. Tom, a Representative in Congress from the + State of California........................................ 4 + Prepared statement of.................................... 6 + +Statement of Witnesses: + + Diedrich, Bill, Family Farm Alliance, Los Banos, California.. 34 + Prepared statement of.................................... 35 + Ibach, Harrison, President, Humboldt Fishermen's Marketing + Association, Humboldt, California.......................... 47 + Prepared statement of.................................... 48 + Nelson, Jonathan, Policy Director, Community Water Center, + Visalia, California........................................ 19 + Prepared statement of.................................... 20 + Udall, Brad, Senior Water and Climate Research Scientist, + Colorado Water Institute, Colorado State University, Fort + Collins, Colorado.......................................... 7 + Prepared statement of.................................... 9 + Willardson, Tony, Executive Director, Western States Water + Council, Murray, Utah...................................... 23 + Prepared statement of.................................... 25 + Questions submitted for the record....................... 32 +Additional Materials Submitted for the Record: + + Rep. Cox Submission + + South Valley Water Association, statement for the record. 64 + + Rep. Napolitano Submission + + Napolitano, Hon. Grace F., Letter to Secretary of the + Interior, dated August 28, 2009........................ 65 + + Rep. Van Drew Submission + + Van Drew, Hon. Jefferson, Letter to Chairman Grijalva, + dated February 26, 2019................................ 69 + + + + +OVERSIGHT HEARING ON THE STATE OF WATER SUPPLY RELIABILITY IN THE 21st + CENTURY + + ---------- + + + Tuesday, February 26, 2019 + + U.S. House of Representatives + + Subcommittee on Water, Oceans, and Wildlife + + Committee on Natural Resources + + Washington, DC + + ---------- + + The Subcommittee met, pursuant to notice, at 10:02 a.m., in +room 1324, Longworth House Office Building, Hon. Jared Huffman +[Chairman of the Subcommittee] presiding. + Present: Representatives Huffman, Napolitano, Costa, +Sablan, Cox, Neguse, Levin, Cunningham; McClintock, Hice, +Radewagen, and Fulcher. + + Mr. Huffman. Good morning, everyone. The Subcommittee on +Water, Oceans, and Wildlife will come to order. + The Subcommittee is meeting today to hear testimony on the +state of water supply reliability in the 21st century. + Under Committee Rule 4(f), any opening statements at this +hearing will be limited to the Chairman, the Ranking Member, +the Vice Chair, and the Vice Ranking Member. This allows us to +hear from our witnesses sooner and helps keep Members on +schedule. Therefore, I ask unanimous consent that all other +Members' opening statements be made part of the record if they +are submitted to the Committee Clerk by 5 p.m. today, or the +close of the hearing, whichever comes first. + Hearing no objection, it is so ordered. + + STATEMENT OF THE HON. JARED HUFFMAN, A REPRESENTATIVE IN + CONGRESS FROM THE STATE OF CALIFORNIA + + Mr. Huffman. Thanks, everyone, for joining us today. I +believe this is an important hearing, an important chance to +examine the state of water supply reliability in our Nation. + As I mentioned at our last WOW Subcommittee hearing, one of +my goals this Congress is to focus on the factual and the +scientific baseline for natural resource issues in this +Subcommittee's jurisdiction through what I informally referred +to as ``WOW 101'' hearings. This is the second one. + Finding consensus on tough issues, of course, is hard. But +I believe we can make progress on that front if we can develop +a common understanding of the baseline facts and science before +jumping right into the most contentious policy debates. And +that is why we are having these hearings. + I am also personally meeting with every member of this +Subcommittee on both sides of the aisle, to get feedback and +explore areas where we can work together. Thanks to the members +that have met with me so far. I truly believe that there are +good ideas on both sides of the aisle, and I am hopeful this +Subcommittee will disprove that old notion that ``water is for +fighting over,'' and instead work to come up with common-sense, +scientifically-based solutions to the challenges we face. + So, let's get started. Today, we will be looking at the +state of our Nation's water supply and water supply challenges. +As many here know, the western United States has been suffering +from frequent and increasingly severe drought in recent years. + For example, in my home state of California, we recently +emerged from the state's worst drought in 1,200 years, +according to some credible scientific reports. In the northern +Great Plains, we recently experienced an extreme drought that +NOAA categorized as a ``$1 billion disaster.'' And the Colorado +River, which supplies water to 40 million people and 5.5 +million acres of farmland in seven western states and Mexico, +is currently going through its 19th year of drought, with no +end in sight. + Today, we will hear from witnesses about the specific +challenges caused by these water shortages. We will hear today +from community voices about what happens when rural communities +literally run out of water for basic human needs because of +drying wells. We will hear how water shortages have impacted +coastal communities and thousands of fishermen. In my district +and along the Pacific Coast, fishing families have been dealt +multi-million-dollar blows in recent years because of water +shortages that have battered our salmon fisheries. + We will also hear about the great costs of water shortages +to agriculture, cities, tribes, and western states. + And, finally, we will hear today what the science says +about how climate pressures will make our water challenges more +difficult in the future. Climate pressures, including warming +temperatures, shrinking snowpack, more volatile precipitation, +rising seas, just to name a few, will reduce our water supply +and impact millions of Americans. It is important that this +Subcommittee soberly assess and plan for these challenges. + Part of that process requires a thoughtful evaluation of +policy options. I look forward to a thorough examination of the +policy options that this Subcommittee can pursue to promote +water supply reliability and resilience now and in the years to +come. + One policy option that we will hopefully agree on is the +need to invest in water infrastructure. Much of our existing +infrastructure is nearing the end of its design life and is in +great need of maintenance and repair. + Last Congress, I worked across the aisle with +Representative Gosar on a bill that would regularly require the +Bureau of Reclamation to assess and publicly disclose major +repair and rehabilitation needs for Reclamation projects. That +bill recently passed the Senate as part of the omnibus public +lands package, and I think it is a good first step in working +across the aisle to address our repair and maintenance needs. I +hope we will see it move through the House and signed by the +President soon. + I will also commit to work across the aisle on other areas +of bipartisan agreement, such as the need to construct new +water infrastructure to grow our water supply. That new +infrastructure can include a variety of projects, including +smart storage, water reuse, desalination, and water-use +efficiency projects. It is imperative that this Subcommittee +work on these kinds of common-sense projects that will promote +water supply reliability for all stakeholders. + To conclude, I look forward to this Subcommittee evaluating +and addressing our water challenges in a deliberative and open +way. Communities need clean water to drink. Farmers need water +to irrigate their crops. Fish and wildlife and the people whose +livelihood depend on them need water to survive and to thrive. +This Subcommittee will work hard to ensure water supply +reliability for all of these important stakeholders. + Finally, I would like to welcome members of the Association +of California Water Agencies, ACWA. I see several in the crowd +here this morning. We look forward to working with you on all +of these issues to promote water supply sustainability and +reliability. + + [The prepared statement of Mr. Huffman follows:] + Prepared Statement of the Hon. Jared Huffman, Chair, Subcommittee on + Water, Oceans, and Wildlife + Thank you everyone for joining us today for an important hearing +examining the state of water supply reliability in our Nation. + As I mentioned at our last ``WOW'' hearing, one of my goals this +Congress is to work to reset the factual and scientific baseline for +natural resources issues in this Subcommittee's jurisdiction through +what I informally refer to as ``WOW 101.'' + Finding consensus on tough issues is a formidable task. But I +believe we can make progress on that front if we can develop a common +understanding of the baseline facts and science before jumping right +into the most contentious policy debates. That's why we're having these +101 hearings. + I am also personally meeting with every member of this +Subcommittee, on both sides of the aisle, to solicit feedback and +explore areas where we can work together. I truly believe there are +good ideas on both sides of the aisle. And I'm hopeful that this +Subcommittee can work together to disprove that old notion that ``water +is for fighting over,'' and instead work to come up with common-sense, +scientifically-based solutions to the challenges before us. + So, let's get started. Today, we'll be looking at the state of our +Nation's water supply and the water supply challenges we'll face in the +21st century. + + As many here know, the western United States has been suffering +from frequent and increasingly severe drought in recent years: + For example, in my home state of California, we recently emerged +from the state's worst drought in 1,200 years, according to some +scientific reports. + In the northern Great Plains, we recently experienced an extreme +drought that NOAA categorized as a ``billion-dollar disaster.'' + And the Colorado River--which supplies water to 40 million people +and 5.5 million acres of farmland in seven western states and Mexico-- +is currently going through its 19th year of drought, with no end in +sight. + + Today, we'll hear from witnesses about the specific challenges +caused by these water shortages. + We'll hear today from community voices about what happens when +rural communities literally run out of water for basic human needs +because of drying wells. We'll hear how water shortages have impacted +coastal communities and thousands of fishermen. In my district and +along the Pacific Coast, fishing families have been dealt multi- +million-dollar blows in recent years because of water shortages that +have battered our fisheries. We'll also hear about the great costs of +water shortages to agriculture, cities, tribes, and western states. + And finally, we'll hear today what the science says about how +climate pressures will make our water challenges more difficult in the +future. Climate pressures--including warming temperatures, shrinking +snowpack, more volatile precipitation, and rising seas, to name a few-- +will reduce our water supply and impact millions of Americans. It's +important that this Subcommittee soberly assess and plan for these +challenges. + Part of that planning requires a thoughtful evaluation of policy +options. I look forward to a thorough examination of the policy options +that this Subcommittee can pursue to promote water supply reliability +now and in the years to come. + One policy option that we'll all hopefully agree on is the need to +invest in our water infrastructure. Much of our existing water +infrastructure is nearing the end of its design life and is in great +need of maintenance and repair. + Last Congress, I worked across the aisle with Representative Gosar +on a bill that would regularly require the Bureau of Reclamation to +assess and publicly disclose major repair and rehabilitation needs for +Reclamation water projects. That bill recently passed the Senate as +part of the omnibus public lands package, and I think it is a good +first step in working across the aisle to address our repair and +maintenance needs. I hope we see it move through the House and signed +by the President soon. + I'll also commit to work across the aisle on other areas of +bipartisan agreement--such as the need to construct new water +infrastructure to grow our water supply. That new infrastructure can +include a variety of projects, including smart storage, water reuse, +desalination, and water-use efficiency projects. It's imperative that +this Subcommittee work on these kinds of common-sense projects that +will promote water supply reliability for all stakeholders. + So, to conclude, I look forward to using my role on this +Subcommittee to evaluate and address our water challenges in a +deliberative and open way. Communities need clean water to drink. +Farmers need water to irrigate their crops. Fish and wildlife and the +people whose livelihoods depend on them need water to survive and +thrive. This Subcommittee will work hard to ensure water supply +reliability for all of these important stakeholders. + Ranking Member McClintock, I hope we can find opportunities to work +together to get things done. While we may have some differences in +outlook, there are many common-sense solutions that Republicans and +Democrats can pursue on this Subcommittee, and I hope you'll join us in +that effort. + Finally, I would like to welcome members of the Association of +California Water Agencies in the audience today--we look forward to +hearing from you and working with you as well to promote water supply +reliability. + With that, I want to invite the Ranking Member to say a few +remarks, and then we will welcome and introduce our witnesses. + + ______ + + + Mr. Huffman. With that, I want to invite the Ranking Member +to say a few remarks, and then we will welcome and introduce +our witnesses. + + STATEMENT OF THE HON. TOM McCLINTOCK, A REPRESENTATIVE IN + CONGRESS FROM THE STATE OF CALIFORNIA + + Mr. McClintock. Thank you, Mr. Chairman. According to the +EPA, since 1901, global precipitation has actually increased at +an average rate of roughly one-tenth of an inch per decade, +while precipitation in the contiguous 48 states has increased +at a rate of nearly two-tenths of an inch per decade. Globally, +annual rainfall alone produces roughly 18,000 gallons of fresh +water every day for every man, woman, and child on this planet. +The problem is this abundance of fresh water is unevenly +distributed over time and space. + Throughout the 20th century, it was the policy of this +government to guarantee abundant water for all the people and +regions of our country. We built reservoirs to transfer water +from wet years to dry years, and we built canals to transfer +water from wet regions to dry ones. By doing so, we made the +deserts bloom, we protected our communities from floods and +droughts, and we opened up vast tracts of land to support a +prosperous population made possible by water abundance. + Sadly, these policies were reversed over the last 45 years. +In my region, 4 years of drought, combined with massive pulse- +flow water releases mandated by environmental laws, drained our +reservoirs to nearly deadpool levels. The next year, an +atmospheric river opened up, requiring the loss of massive +amounts of water to the ocean, because we had no place to store +it--not for lack of suitable sites, but because of inaction in +using them. + The climate is constantly changing, which requires constant +adaptation. Up until 5,000 years ago, the Sahara was one of the +wetter regions of our planet, with frequent monsoons that +produced the largest freshwater lake in the world. During the +Roman warm period, much of the Roman grain supply was grown in +North Africa. + The foresight of America's 20th century water engineers +should be more apparent today. In the modern warm period, water +will be stored for less time as snow in the mountains, which +means that without new reservoirs to capture this runoff, it +will be lost to the ocean. + During the last several Congresses, the House sent major +legislation to the Senate to expedite and reform the permitting +process that has made the construction of new reservoirs +endlessly time consuming and ultimately cost-prohibitive. +Unfortunately, the Senate failed to act. + As one example, the Shasta Dam was built to an elevation of +600 feet and stores about 4\1/2\ million acre-feet of water. +But it was designed to an elevation of 800 feet. The difference +is 9 million acre-feet of water storage. Yet, less than 20 feet +of additional elevation, about 600,000 acre-feet of additional +storage, has been stalled for decades in an endless cycle of +environmental studies with no end in sight. + Droughts are nature's fault. They happen. But water +shortages are our fault. They are a choice that we made when we +stopped building adequate storage to meet the needs of the next +generation. + We are told that reservoirs are old-fashioned, and we must +look to solutions like conservation, recycling, and +desalination. Well, we need to understand what that actually +means. + Conservation does not add a drop to our water supply, it +merely copes with the shortage that our own policies have +imposed. And there is a limit to how much conservation can be +mandated before it begins to have a significant negative impact +on the quality of life for our people. Californians are soon to +get a major lesson in this when mandated, year-round water +rationing signed by Governor Brown takes effect in a few years. + Recycling and desalination makes sense in deserts where +water is scarce and can't be imported. Fortunately, most +regions of our country are blessed with abundant water. +According to the California Energy Commission, surface water +storage costs between $400 and $800 per acre-foot; while water +desalination costs between $1,800 and $2,800 per acre-foot; and +water recycling between $1,200 and $1,800 per acre-foot. + In other words, storing water before it is lost to the +ocean costs a mean of $600, while reclaiming it once it has +been lost to the ocean costs about $2,300. Water desalination +is a great idea if you don't mind your water bill quadrupling. + We should be looking at the most cost-effective ways to +produce water abundance, not the most expensive. That is the +difference between abundance and scarcity, the difference +between prosperity and rationing, and the difference between +the policies before us today. + I yield back. + + [The prepared statement of Mr. McClintock follows:] + Prepared Statement of the Hon. Tom McClintock, Ranking Member, + Subcommittee on Water, Oceans, and Wildlife + According to the EPA, since 1901, global precipitation has +increased at an average rate of 0.08 inches per decade, while +precipitation in the contiguous 48 states has increased at a rate of +0.17 inches per decade. Globally, annual rainfall alone produces +roughly 18,000 gallons of fresh water every day for every man, woman +and child on this planet. + The problem is that this abundance of fresh water is unevenly +distributed over space and time. Throughout the 20th century, it was +the policy of this government to guarantee abundant water for all the +people and regions of our country. We built reservoirs to transfer +water from wet years to dry years and we built canals to transfer water +from wet regions to dry ones. By doing so, we made the deserts bloom +and opened up vast tracts of land to support a prosperous population +made possible by water abundance. + Sadly, these policies were reversed over the last 45 years. In my +region, 4 years of drought, combined with massive pulse flow water +releases mandated by environmental laws, drained our reservoirs nearly +to dead-pool levels. The next year, an atmospheric river opened up, +requiring the loss of massive amounts of water to the ocean because we +had no place to store it--not for lack of suitable sites, but for lack +of action in utilizing them. + The climate is constantly changing, which requires constant +adaptation. Up until 5,000 years ago, the Sahara was one of the wetter +regions of the planet, with frequent monsoons that produced the largest +freshwater lake in the world. During the Roman Warm Period, much of the +Roman grain supply was grown in North Africa. + The foresight of America's 20th century water engineers should be +more apparent today. In the Modern Warm Period, water will be stored +for less time as snow in the mountains, which means that without new +reservoirs to capture this runoff, it will be lost to the ocean. + During the last several Congresses, the House sent major +legislation to the Senate to expedite and reform the permitting process +that has made the construction of new reservoirs endlessly time +consuming and ultimately cost-prohibitive. Unfortunately, the Senate +failed to act. + As one example, the Shasta Dam was built to an elevation of 600 +feet and stores more than 4\1/2\ million acre-feet of water. But it was +designed to an elevation of 800 feet. The difference is 9 million acre- +feet of water storage. Yet less than 20 feet of additional elevation-- +about 630,000 acre-feet of additional storage--has been stalled for +more than 20 years in an endless cycle of environmental studies with no +end in sight. + Droughts are nature's fault. They happen. But water shortages are +our fault. They are a choice we made when we stopped building adequate +storage to meet the needs of the next generation. + We are told that reservoirs are old-fashioned, and that we must +look to solutions like conservation, recycling and desalination. We +need to understand that this actually means. + Conservation does not add a drop to our water supply--it merely +copes with a shortage that our own policies have imposed. And there is +a limit to how much conservation can be mandated before it begins to +have a significant negative impact on the quality of life for our +people. Californians are soon going to get a major lesson in this when +mandated year-round water rationing signed by Governor Brown takes +effect in a few years. + Recycling and desalination make sense in deserts where water is +scarce and can't be imported. Fortunately, most regions of our country +are blessed with abundant water. According to the California Energy +Commission, surface water storage costs between $400 and $800 per acre +foot while water desalination costs $1,800 to $2,800 per foot and water +recycling $1,200 to $1,800 per foot. In other words, storing water +before it is lost to the ocean costs a mean of $600 while reclaiming it +once it's been lost to the ocean costs $2,300. Water desalination is a +great idea if you don't mind your water bill quadrupling. + We should be looking at the most cost-effective ways to produce +water abundance--not the most expensive. That is the difference between +abundance and scarcity--the difference between prosperity and +rationing--and the difference between the policies before us. + + ______ + + + Mr. Huffman. Thank you, Mr. McClintock. We will now hear +from our witnesses. + Let me remind the witnesses that under our Committee Rules, +they must limit their oral statements to 5 minutes. But their +entire statement will still appear in the hearing record. + When you begin, the lights on the witness table will turn +green. After 4 minutes, you will see the yellow light come on. +Your time will have expired when the red light comes on, and I +will ask you to please complete your statement. + I will also allow the entire panel to testify before we +turn to questions from the Members. + I will now begin with the witnesses. I see that Mr. Neguse +is here. Our first witness is from Colorado. We will invite the +gentleman from Colorado to introduce his home state +constituent. + Mr. Neguse. Thank you, Mr. Chairman, for giving me the +opportunity to do that. And I am so honored and pleased to +introduce Mr. Bradley H. Udall from my district, the Colorado +2nd District. + Brad currently serves as the Senior Water and Climate +Research Scientist for Colorado State University's Colorado +Water Institute. He helped author the Fourth National Climate +Assessment, and he is an expert, literally in the sense of the +word, in anything related to western water. + I also would be remiss if I didn't point out the weight, +certainly, that we all feel, and that certainly Brad must be +feeling, in testifying in this room. If you all look to the +back of the room, you can see the picture of his father, the +legendary Mr. Morris Udall. + Brad, it is such an honor to have you here today, and I +certainly know that your father would be very proud, as is the +state of Colorado. Thank you for taking the time to come +testify and help us learn about a topic that is extremely +important to our district, our state, and our country. + I yield back, Mr. Chair. + Mr. Huffman. Thank you. + It is an honor to have you, Mr. Udall. + + STATEMENT OF BRAD UDALL, SENIOR WATER AND CLIMATE RESEARCH +SCIENTIST, COLORADO WATER INSTITUTE, COLORADO STATE UNIVERSITY, + FORT COLLINS, COLORADO + + Mr. Udall. Thank you, Chairman Huffman, Ranking Member +McClintock, and other members of the panel. Thank you for +providing me an opportunity to speak. I am a senior scientist +at Colorado State University, where I study how climate change +will affect Western U.S. water supplies. Today, I want to focus +on the Colorado River. + After 19 years of unprecedented low flows and over-use in +the lower basin, the Nation's two largest reservoirs, Lakes +Mead and Powell, are now barely 40 percent full. Without major +action by the Colorado River Basin states, there is a +substantial risk of draining Lake Mead to deadpool in the next +7 years, an event that would prove to be very challenging. + Since 2000, Colorado River flows have been 19 percent below +the 20th century average. Temperatures in the basin are now 2 +degrees Fahrenheit warmer, and those temperatures are certain +to continue rising. Scientists have begun using aridification +to describe the ongoing hot and dry climate in the basin, +rather than just drought. + In 2017, Jonathan Overpeck and I found that higher +temperatures due to climate change had reduced the flow of the +Colorado River by approximately 6 percent, and that additional +warming could reduce flows by approximately 20 percent by 2050, +and up to 35 percent by 2100, should precipitation remain the +same. + Higher temperatures increase evaporation from soils and +water bodies, increase sublimation from snowpacks, and increase +water use by plants, due to a longer growing season and more +warmth on any given day. Other studies have come to similar +conclusions. + The 2018 National Climate Assessment found that snowpacks +are being reduced, so melt runoff is occurring earlier in the +year, and flows in the fall are lower. More of our +precipitation is occurring as rain, rather than snow. + The not-yet-approved Drought Contingency Plan is an +important first step to solving the basin's problems. It +significantly reduces the chance of emptying Lake Mead. Most +critically, the DCP buys us time to implement more permanent +solutions. However, it leaves many hard decisions for the next +plan. + Negotiations for that replacement plan should begin next +year. This plan needs to be a climate change plan for the +basin. The planning process should be open and inclusive. It +should solve the over-use problem in the lower basin and +prepare for extended and unprecedented low flows. It should +also re-visit a number of long-standing assumptions about how +the river is being managed, including the upper basin's so- +called delivery obligation, who bears the burden of solving the +lower basin's over-use, and how the reservoirs are operated. + I want to offer a few suggestions for how the Federal +Government might help ensure water security in the basin. +Additional ideas are in my written testimony. + With climate change, the past is no longer a guide to the +future. This makes planning very difficult. Scientists need to +devise new ways to predict future runoff, and find other ways, +including scenarios to help decision makers grapple with this +very different future. + Agriculture will be at the center of additional water +shortages in the basin, because of its approximately 70 percent +of total water use. Deficit irrigation, rotational fallowing, +crop switching, irrigation efficiency all offer opportunities +to save water, while keeping Ag. in production. There is much +that a coordinated effort, between Interior with WaterSMART and +USDA with its Farm Bill, can do to ensure that the harm to Ag. +is minimized. + The Salton Sea deserves significant Federal resources. +Without a functioning Salton Sea, the Imperial Irrigation +District's ability to contribute to a meaningful resolution of +the lower basin's over-use will be seriously constrained. +Interior needs to continue to fund our National Streamgage +Network. Congress should continue to support existing programs +like NOAA's RISA, Interior's Climate Adaptation Science +Centers, and the USDA Climate Hubs. + Finally, any solution must aim at the root cause of these +temperature-induced flow reductions. The ultimate goal must be +net zero greenhouse gas emissions as soon as is practical, +ideally net zero by 2050, but no later than 2070. Greenhouse +gas reductions must be pursued through a suite of actions, +including carbon pricing, investments in technology, tax +credits, and other techniques. + In conclusion, climate change is water change, and it is +already impacting the Colorado River. My father was a member of +this Committee for over 30 years, and he chaired it for 14. +This very hearing room is named for him. That generation did +not shy away from solving the great problems of its day, +including how to provide reliable water supplies for the +American Southwest. + Similarly, this generation should not shy away from solving +the great problems of today, which include how do we adapt to +climate change, and how do we stop it? Climate change threatens +all we hold dear. This is especially clear when it reduces our +life-giving water supplies. + Climate change is the key threat to 21st century water +supply reliability. To minimize this threat we must act now by +adapting to the coming changes with smart water management +policy, with technology, with science, and also by reducing +greenhouse gas emissions as quickly as we can. + Thank you for your time. + + [The prepared statement of Mr. Udall follows:] +Prepared Statement of Brad Udall,\1\ Senior Water and Climate Research + Scientist/Scholar, Colorado Water Institute, Colorado State University +--------------------------------------------------------------------------- + \1\ In addition to my position at Colorado State University, I am a +co-investigator with the DOI Southwest Climate Adaptation Science +Center, and a member of the Colorado River Research Group. +(www.coloradoriverresearchgroup.org). +--------------------------------------------------------------------------- + Chairman Huffman, Ranking Member McClintock, and other members of +the panel, thank you for providing me an opportunity to speak on this +important issue. + I am a senior scientist at Colorado State University where I study +how climate change will affect western U.S. water supplies. For over 15 +years, I have published and spoken extensively on the impacts of +climate change on western rivers, and how we might reduce those +impacts. Today I want to use my time to focus on the Colorado River. + 1. the 21st century climate challenge for the colorado river basin + Nineteen years of unprecedented drought in the gaged record have +brought the Colorado River basin to the brink of the first ever major +water delivery reductions in the Lower Basin. The combined contents of +the two largest reservoirs in the United States, Lakes Mead and Powell, +are now barely 40 percent full (Figure 1). Last month the U.S. Bureau +of Reclamation said that there is a 69 percent chance for the first- +ever shortage in 2020 and a 21 percent chance that Lake Mead will be +less than 25 percent full in 2023 \2\ (Figure 2). At this level, the +reservoir's ability to supply water to Nevada, California, Arizona and +Mexico is at risk. +--------------------------------------------------------------------------- + \2\ January 2019 Projections from Reclamation's Mid-Term Operations +Model (MTOM) model here: https://www.usbr.gov/lc/region/g4000/riverops/ +crss-5year-projections.html. Note that these projections use the full +111 years of historical hydrology (1906-2016) which includes the +pluvial at the beginning of the 20th century. The actual risk using +some form of `stress test' hydrology without the wet period would be +substantially higher. +--------------------------------------------------------------------------- + + Figure 1: Combined Contents of Lakes Powell and Mead 2000 to January + 31, 2019. + +[GRAPHIC NOT AVAILABLE IN TIFF FORMAT] + + + Figure 2: Shortage Probabilities for 2019 to 2023 from + Reclamation's January 2019 study. + +[GRAPHIC NOT AVAILABLE IN TIFF FORMAT] + + .epsSince 2000 flows have been 19 percent below the 20th century +average (Figure 3). 2018 was the hottest and driest year in the 4- +Corners region since records were first kept in 1895 (Figure 4). +Temperatures in the basin are now over 2+ F warmer than the 20th +century average, and those temperatures are certain to continue rising. +Because the term drought implies a temporary condition, and this 19- +year drought has been anything but that, scientists have begun using +``aridification'' to describe the ongoing hot and dry climate in the +basin.\3\ +--------------------------------------------------------------------------- + \3\ It should be noted that it is possible that the Colorado River +may see a decade or more of higher flows in the 21st century--our +enhanced water cycle is now capable of generating very large flows. But +on balance, the science tells us that over the course of the 21st +century the greatest risk is for flow reductions and ongoing +aridification. + + Figure 3: Reservoir Contents, Upper Basin Natural (undepleted) Flows, +Precipitation, and Temperature for various periods to end of September + 2018. +[GRAPHIC NOT AVAILABLE IN TIFF FORMAT] + + + +Figure 4. 2018 was a record setting hot and dry year in large parts + of the American Southwest. +[GRAPHIC NOT AVAILABLE IN TIFF FORMAT] + + + + In addition to climate change, overuse has also contributed to +the problem. Water users in the Lower Basin states consume roughly 10.2 +million acre-feet \4\ (maf) annually, while inflows from upstream +average 9 maf leaving an imbalance of 1.2 maf/year, or about 7 percent +of the total flow in the system. This imbalance, known as the +``Structural Deficit,'' along with the low flows, has helped to drive +both Lakes Mead and Powell lower (Figures 1 and 5). +--------------------------------------------------------------------------- + \4\ An acre-foot is 1 foot of water depth over an area of 1 acre or +about 325,000 gallons. This is enough water for 2 to 4 families per +year. +--------------------------------------------------------------------------- + + Figure 5. Contents in millions of acre-feet of Lakes Powell and Mead, + January 1, 2000 to January 31, 2019. + +[GRAPHIC NOT AVAILABLE IN TIFF FORMAT] + + + + the salience of warming temperatures + In 2017, Dr. Jonathan Overpeck \5\ and I published a peer-reviewed +paper \6\ which said that higher temperatures due to climate change had +reduced the flow of the Colorado River by approximately 6 percent, and +that additional warming could reduce flows by approximately 20 percent +in 2050, and up to 35 percent by 2100, should precipitation remain the +same.\7\ Higher temperatures increase evaporation from soils and water +bodies, increase sublimation from snowpacks, and increase water use by +plants due to a longer growing season and more warmth on any given day. +A thirstier atmosphere which can now hold more moisture due to higher +temperatures also contributes to the problem. Given the large 2+ F +warming in the basin, we called the current period a ``hot drought'' +and the flow losses ``temperature-induced flow reductions'' to +distinguish them from a more normal ``dry drought'' that causes +precipitation-related flow reductions. +--------------------------------------------------------------------------- + \5\ Dr. Overpeck is Now Dean of the University of Michigan School +for Environment and Sustainability. At the time of the paper he was the +Director of the Institute of the Environment at the University of +Arizona and the Thomas R. Brown Distinguished Professor of Science. + \6\ Udall and Overpeck, 2017, The 21st century Colorado River hot +drought and implications for the future. + \7\ In the paper these numbers all have ranges on them. The range +of current flow reduction was from 3% to 10%; 6% is roughly the mid- +point of this range. The range in 2050 was from 8% to nearly 30%, using +3 different temperature sensitivities and a broad range of future +emissions. In 2100 the range was from 12% to 55%. In the text above, I +round to the middle of these ranges. +--------------------------------------------------------------------------- + Last year Dr. Dennis Lettenmaier,\8\ his doctoral student Mu Xiao, +and I published another peer-reviewed paper \9\ showing that 50 percent +of the flow reduction from 2000 to 2014 was due to higher temperatures +and the remaining 50 percent was due to shifting precipitation +patterns. +--------------------------------------------------------------------------- + \8\ Distinguished Professor of Geography at the University of +California at Los Angeles. + \9\ Xiao, Udall and Lettenmaier, 2018. On the Causes of Declining +Colorado River Streamflows. +--------------------------------------------------------------------------- + Other recent papers have also found significant impacts of +temperatures on Colorado River flows \10\ and other western rivers. +Southwestern U.S. megadroughts--droughts lasting decades-have been +shown to be much more likely in the 21st century as it warms, even if +precipitation increases.\11\ +--------------------------------------------------------------------------- + \10\ See Dettinger, Udall, & Georgakakos, 2015; McCabe, et al., +2017; Overpeck & Udall, 2010; Vano, Das, & Lettenmaier, 2012; Vano et +al., 2014; Vano & Lettenmaier, 2014; Woodhouse, et al., 2016. + \11\ Ault, et al., 2016; Cook, Ault, & Smerdon, 2015. +--------------------------------------------------------------------------- + The 2018 4th National Climate Assessment \12\ found that the +hydrologic cycle has already been profoundly modified by climate +change. In the West, snowpacks are being reduced, snowmelt runoff is +occurring earlier in the year, and flows in the fall are lower. More of +our precipitation is occurring as rain rather than snow. Previous +National Assessments in 2009 and 2014 reported similar results. Studies +also note that past hydrology is no longer a suitable guide to future +hydrology, a concept sometimes known as the ``Death of Stationarity.'' +--------------------------------------------------------------------------- + \12\ https://nca2018.globalchange.gov. +--------------------------------------------------------------------------- + It is clear the Colorado River, and the entire Southwest, has +shifted to a new hotter and drier climate, and, equally important, will +continue to shift to a hotter and drier climate for several decades +after we stop emitting greenhouse gasses. Last year humans emitted over +37 billion tons of CO2 , an increase of 2.7 percent over +2017.\13\ Given these unprecedented changes to our climate and water +supplies, our 20th century water management systems will need +fundamental modifications to ensure that humans, our economy, and our +environment suffer the least harm from likely future reductions in +water supplies. +--------------------------------------------------------------------------- + \13\ https://www.washingtonpost.com/energy-environment/2018/12/05/ +we-are-trouble-global-carbon-emissionsreached-new-record-high/ +?utm_term=.874be32b4d7b. +--------------------------------------------------------------------------- + 3. the drought contingency plan (dcp) + The seven Basin states are close to a ``Drought Contingency +Agreement \14\'' that will implement large proactive reductions in +deliveries in the basin to protect Lakes Mead and Powell from reaching +dangerously low volumes. In the Lower Basin, Central Arizona +agriculture will be especially hit hard along with more manageable +shortages for Las Vegas and central Arizona municipalities. If flows +remain low, California agriculture and municipalities in Southern +California will be impacted in future years. +--------------------------------------------------------------------------- + \14\ The DCP is actually a set of agreements. https://www.usbr.gov/ +dcp/. +--------------------------------------------------------------------------- + The states, the Central Arizona Project, irrigation districts, +NGOs, Indian tribes and others deserve recognition for the hard work +needed to agree on very difficult reductions in water use. And +Reclamation has been within its rights to strongly encourage all of the +parties to finish these agreements soon. + The agreement is an important first step. To be sure, it +significantly reduces the chance of emptying Lake Mead, an event that +would prove to be very challenging for the entire Southwest. Most +critically, the DCP buys us time to implement more permanent solutions. +And on paper the DCP `solves' the Structural Deficit. It is, however, +not perfect. It has mechanisms to account for and repay any shortages +should flows later partially refill reservoirs. These paybacks have the +potential to put the reservoirs back into precarious territory just +when they show signs of recovery. Although the agreement has not been +finalized, I am very optimistic that it will be completed soon. + This agreement will only last 7 years. New negotiations will need +to begin by the end of 2020 to replace the existing 2007 agreement on +shortage sharing and reservoir operations \15\ which expires in 2026. +Hard issues left unresolved by the DCP will make the coming +negotiations even more challenging. +--------------------------------------------------------------------------- + \15\ https://www.usbr.gov/lc/region/programs/strategies/ +RecordofDecision.pdf. +--------------------------------------------------------------------------- + 4. the 2020-2026 negotiations leading to the 2026 agreement + In the long term, the Basin states need not just a Drought +Contingency Plan, but a Climate Change Plan that accounts for likely +future declines in flows. Should flows continue to drop, as the science +suggests is likely, additional reductions in consumption will be +needed. Agreeing on reductions that cause the least harm to water +users, the overall economy and the environment will be an exceedingly +difficult task, much harder to come by than those achieved in the DCP. +To ensure water reliability in the 21st century, planning for major +flow reductions should be the main charge for those leading the +negotiations for the new 2026 agreement. +4.1. An Open, Inclusive EIS Process Needed + The negotiations will need a full Environmental Impact Statement +including the transparency that such a process requires. (With the +exception of Arizona, the DCP process lacked transparency and +inclusion.) This process should allow for alternatives supplied by the +states, tribes, municipalities, academia, NGOs and others. The 2007 +process, for example, incorporated an NGO-sponsored `Conservation +Before Shortage' alternative that provided some of the ideas +implemented in the 2007 agreement and later in the DCP. Reclamation +should support making modeling tools available to interested parties; +modeling allows for thinking with numbers in much the same fashion that +writing allows for thinking with words. Without these open access +tools, some stakeholders will be unable to fully participate in the +process. +4.2. Permanent Structural Deficit Solution Needed and Plans for + Extended Low Flows + A permanent solution to the Structural Deficit should be part of +the 2026 negotiations. The negotiation also needs to consider how water +management will respond to potential future unprecedented low flows +that require reductions in additional to those needed to solve the +Structural Deficit. The current rules, laws and agreements imply +solutions that may lead to litigation, may be undesirable and perhaps +even impractical. Rules, laws and agreements around ``equalization,'' +who bears the burden of solving the Structural Deficit, and the +agreement around the Upper Basin delivery `obligation' will all need to +be considered. + With each passing year, the existing 2007 reservoir rules reduce +the possibility of `equalization releases' from Lake Powell to Lake +Mead. It has been these large (e.g., 3-5 maf in 1 year) releases that +have allowed the Structural Deficit to persist. The combination of +future large temperature-induced flow reductions and the likely +continuation of the existing high bar for equalization means that it is +very likely that at least 1.2 maf/year of demand will need to be +permanently removed from the river in the 2026 agreement with +provisions for additional reductions if needed. + Contrary to what the 1968 Colorado River Basin Project Act says, +the Central Arizona Project (and to a much lesser degree, Nevada) +should not have to bear the entire burden of solving the Structural +Deficit. This is because 5m people in Phoenix and 1m people in Tucson +rely at least to some extent on this surface water. (Tucson has no +surface water, although it does sit atop a large but not infinite +supply of groundwater.) This fact has been acknowledged implicitly by +inclusion of shortages to California in the DCP. It is extremely likely +that additional shared sacrifice by all Lower Basin entities will be +needed. + Since 1922, the Lower Basin has relied on Section III(d) of the +Colorado River Compact which appears to obligate the Upper Basin to +deliver 75 maf every 10 running years as a backstop to future potential +low flow conditions. That wording of that clause says that the Upper +Basin shall not cause the flow to decline below 75 maf. However, if +climate change causes those flow reductions, and if the Upper Basin is +well under their Compact Section III(a) consumptive use limit as they +currently are, the Upper Basin has a strong case to make that Section +III(d) does not apply. Were this to occur, the Upper Basin would have +been in serious drought for a number of years and its reservoirs would +likely be empty. In addition, water to meet such a `compact call' would +come disproportionately from already suffering Upper Basin +municipalities including Colorado's Front Range, Albuquerque, and Salt +Lake City. This could lead to lengthy litigation, an outcome that would +do little to provide either water or an immediate solution. In such a +situation, the Lower Basin would need to reduce uses well beyond that +needed to solve the Structural Deficit. +4.3. The Tension between Water Conservation to Raise Lake Levels and + Later Recovery + Well-meaning existing efforts (``Intentionally Created Surplus'' +and variants) allowed by the 2007 agreement to prop up Lake Mead with +unused conserved water may have an implicit flaw, which is that these +waters are accounted for and are later allowed to be withdrawn from the +system, potentially at times when the system is more exposed. This year +Metropolitan Water District announced plans to withdraw its previously +stored water rather than have it stranded by the existing rules which +prevent withdrawals at low lake elevations. This is the water +management equivalent of a bank run, and without a surefire mechanism +of deposit insurance, such untimely withdrawals may happen in the +future. + To be sure, these efforts were designed to encourage water +conservation and this has occurred. But there remains a tension between +encouraging conservation and at the same time allowing the recovery of +this water later which actually means that no real conservation +occurred--the storer merely shifted water use in time. These water +storage efforts allow us to push the problem forward in time, hoping +that Mother Nature will rescue us. But they can make low flow years +worse, with storing entities desiring to recover these saved supplies +during such low years exactly when the reservoirs are bottoming out. +Unfortunately, there is no clear way to provide the equivalent of +deposit insurance, which in this case would be a supply of emergency +water to prop up either the reservoir or the depositor. + These rules might make sense in a system where a reasonable +expectation is that a better future will soon occur. In a declining +system, however, these rules push difficult decisions to the future +when those decisions will be even more challenging. It is not clear how +to solve this problem, but at least shedding light on it may help +identify solutions. +4.4. Developing Future Hydrology that accounts for Warming and Non- + Stationarity + One of the most difficult aspects of water resource management in +the era of climate change is that the past is no longer a guide to the +future.\16\ Current floods and droughts are now routinely exceeding the +envelope of the historic record. This makes planning, including +probabilistic modeling, very difficult. +--------------------------------------------------------------------------- + \16\ Milly et al., ``Stationarity Is Dead.'' +--------------------------------------------------------------------------- + Current projections for the future of the basin often use the full +range of historical hydrology from 1906 onward to generate +probabilities of future delivery reductions. Yet we know these +probabilities are understated because of a very wet period at the +beginning of the 20th century that will likely not reoccur. In these +modeling efforts, the wet years refill reservoirs and bail out the +system. In recent years Reclamation has investigated using shorter +periods (``stress test hydrology'') that remove this wet period and use +only the more recent dry period. It is possible that even these efforts +understate the future risk. Other work is ongoing to understand the +increasing influence of temperature on streamflows, including the +physical mechanisms for the uncoupling of runoff from precipitation. +Much more work needs to be done. + Reclamation has also been experimenting with future hydrology +scenarios that step back from probabilities. These scenario-based +efforts attempt to provide plausible futures for decision makers +without explicit, overly precise and misleading probabilities. +Additional work is needed in this area and Reclamation needs to be +given the resources to pursue all of this work. This is a national +problem as well. + 5. other actions and considerations +5.1. Agricultural Solutions + Agriculture will be at the center of additional water shortages in +the basin because of its approximately 70 percent of total water use. +The Drought Contingency Plan provides money and a plan to replace +Colorado River water with groundwater to partially mitigate harm to +Arizona irrigators. With potential cuts to locations outside of central +Arizona and in California, groundwater is unlikely to be available as a +replacement source. + In 2017 Greg Peterson and I published a study \17\ on how +agriculture might adapt to lower flows. We looked at deficit irrigation +of alfalfa, rotational fallowing, crop switching, irrigation efficiency +\18\ and water conservation. All of these water saving techniques offer +the promise of at least some water savings, although each also has +distinct costs. Perhaps the most promising of these techniques is +switching to less water intensive crops, although it is also the least +known and least tried. Crop switching requires growers to change labor, +equipment, markets, transportation, storage and more. For crop +switching to work, growers will need assistance and assurance that +these new products will be financially viable. +--------------------------------------------------------------------------- + \17\ http://www.cwi.colostate.edu/media/publications/cr/232.pdf. + \18\ Improperly done, irrigation efficiency measures can +paradoxically increase water consumption. Properly done, irrigation +efficiency can provide needed flexibility and save water. See (Grafton +et al., 2018; Ward & Pulido-Velazquez, 2008). +--------------------------------------------------------------------------- + There is much the Federal Government can do to assist with such a +transformation. The U.S. government should help facilitate all of these +techniques through programs at Reclamation such as WaterSMART,\19\ and +through the Farm Bill. The Department of the Interior and the U.S. +Department of Agriculture need to ensure that inter-departmental +coordination occurs so that programs can be integrated as much as +possible. Given that agriculture will bear much of the brunt of coming +reductions, it is imperative that USDA be as active as possible in +mitigating the impacts to agricultural users. In addition, Reclamation +should consider a broad study to see where its large backlog of +infrastructure needs might overlap with opportunities to pursue +irrigation efficiency and water conservation. +--------------------------------------------------------------------------- + \19\ https://www.usbr.gov/watersmart/. +--------------------------------------------------------------------------- +5.2. The Salton Sea + The Salton Sea stands out as an area of special concern--2017 +marked the last year of extra flows into the sea to mitigate transfers +to San Diego. It has now begun to decline rapidly, falling 1.7 feet in +the past 2 years, threatening both a critical ecological resource and +human health in the Imperial and Coachella Valleys. Impacts are already +being noted.\20\ There are a number of reasonably simple actions that +could be taken to resolve problems, and also importantly, to allow +future Colorado River problems to be solved. Without a functioning +Salton Sea, the Imperial Irrigation District's ability to contribute to +a meaningful resolution of the existing Structural Deficit, and +additional demand reduction if necessary, will be seriously +constrained. +--------------------------------------------------------------------------- + \20\ https://www.desertsun.com/story/news/2019/02/08/salton-sea- +california-fish-bird-die-off-winter/2818025002/. +--------------------------------------------------------------------------- + Plans exist to minimize the developing impacts at the sea; what has +been missing is resources to implement these ideas. The USGS Salton Sea +Science Office needs a full-time director based near the sea. +Reclamation could support hydrologic studies, engineering review and +general construction management for Salton Sea habitat projects. The +U.S. Fish & Wildlife Service Salton Sea Wildlife Refuge should be fully +staffed and funded, including money for the Red Hill Bay project. + Despite its size and apparent last minute nature, the Imperial +Irrigation District's recent $200m request is reasonable. There is a +need for long-term funding for Salton Sea monitoring and O&M which is +largely unmet by California's bond funding. +5.3. New Diversions in the Basin + Despite the ongoing aridification and warning signs that the river +is overallocated and overused, additional diversions are still being +planned in the Basin. Given all that we know, these plans should be +delayed or if built only allowed to divert when the harm to existing +users will be very low, such as when Lakes Powell and Mead are full or +nearly full. With serious shortages already possible, the last thing +this basin should consider is additional diversions. +5.4. The Federal Role in Policy + The Federal Government through Reclamation has long played an +important role in the basin. Historically, that role has been primarily +to build and run the massive infrastructure. In recent years, +Reclamation has provided important scientific support to the Basin +states in their negotiation of new water agreements. The agency has +played a critical convening and process role, while letting the states +lead on policy, as is appropriate given state ownership of most water +rights. However, when the states fail to lead, Reclamation has rightly +threatened, scared and cajoled the states back to their proper role. +This is as it should be and Reclamation should continue to provide +scientific support, management and the appropriate leadership on new +water agreements including a willingness to impose solutions if the +states are unable or unwilling to make the difficult choices required. +5.5. Science and Data Collection + Interior through the USGS and its partners needs to continue to +fund our national stream gage network, and expand that network where +scientists and decision makers agree that additional gaging is +necessary. To use a navigation analogy, climate change puts us in +uncharted territory. With less than complete ``maps'' of our climate +future, we need to make sure that our instruments are working and +providing the very best information on our location. + Congress should continue to support existing programs like the +NOAA-funded Regional Integrated Sciences and Assessment (RISA) +programs, the Department of Interior Climate Adaptation Science Centers +(CASC), Reclamation's water science efforts and the USDA Climate +Hubs,\21\ all of which serve to connect scientists with decision makers +so that useful science can be created and understood. These programs +have a known track record of knowledge coproduction, which includes the +breaking down of barriers between scientists and decision makers. The +RISA and CASC programs have been especially good at assessing the state +of science for stakeholders. The Climate Hubs are much newer, show +great promise with helping agriculture adapt to climate change, but +need more resources. Reclamation's scientist-engineers are very +talented and deserve recognition and support for moving emerging +science into useful engineering. +--------------------------------------------------------------------------- + \21\ I have served as the Director of the Western Water Assessment +RISA, am a co-investigator for the Southwest Climate Adaptation Science +Center and serve as one of Colorado State University's liaisons to the +Northern Plains Climate Hub. +--------------------------------------------------------------------------- + Note that these actions will have widespread national benefits +beyond the Colorado River. +5.6. Greenhouse Gas Reduction Efforts + Finally, any solution set must aim at the root cause of the +temperature-induced flow reductions. Climate change is as serious a +problem as humans have ever faced and thus requires not one, but a vast +set of solutions. The ultimate goal must be net zero greenhouse gas +emissions as soon as is practical, ideally with net zero reductions by +2050 but no later than by 2070.\22\ This is achievable but will take +great leadership. To the extent we fail to do this, we will impose +great costs on ourselves, our youth, and especially on future +generations. Greenhouse gas reductions must be pursued through a suite +of actions including carbon pricing, investments in technology, tax +credits, and even thru Climate Smart Agriculture \23\ which aims to +increase farm yields while sequestering carbon in soil. +--------------------------------------------------------------------------- + \22\ These are the recommendations from the recent IPPC 1.5 Degree +Special Report. + \23\ Colorado State University has a new Climate Smart Agriculture +initiative and works with the USDA Climate Hubs. Climate Smart +Agriculture was initially conceived by the Food and Agriculture +Organization in 2013. See Lipper et al, 2014. +--------------------------------------------------------------------------- + 6. conclusions + Scientists have attributed changes in the global water cycle to +human caused climate change including enhanced precipitation in +hurricanes like Harvey which dropped 50+ inches of rain in 4 days,\24\ +record-setting droughts like the one in California from 2012 to +2017,\25\ and recent flow declines in the Rio Grande.\26\ Climate +change is also clearly impacting river flows in the Colorado River, +too. Simply put, climate change is water change. +--------------------------------------------------------------------------- + \24\ Risser & Wehner, 2017; Trenberth, et al., 2018. + \25\ Diffenbaugh, Swain, & Touma, 2015. + \26\ Chavarria & Gutzler, 2018. +--------------------------------------------------------------------------- + My father was a member of this Committee for over 30 years and +chaired it for 14 years. This very hearing room is named for him, and +his portrait overlooks us all. His generation, the greatest generation, +revered science and the knowledge it provided that allowed us to build +the amazing water supply infrastructure that now exists on the Colorado +River. + That generation did not shy from solving the great problems of its +day, including how to provide reliable water supplies for the American +Southwest and how to clean up our environment. My best guess is that in +this very room the ground breaking 1968 Colorado River Basin Project +Act was passed out of Committee. + Similarly, this generation should not shy away from solving the +great problems of today, which include how do we adapt to climate +change and how do we stop it. The science on climate change is now 200 +years old, and is very, very clear. When major oil companies accept the +science \27\ and say we must act, as they have,\28\ the debate should +be over. It is over in every other major country. +--------------------------------------------------------------------------- + \27\ https://www.scientificamerican.com/article/oil-giant-accepts- +climate-consensus-denies-responsibility-forwarming/. + \28\ https://corporate.exxonmobil.com/en/Energy-and-environment/ +Environmental-protection/Climate-change; http://reports.shell.com/ +sustainability-report/2015/energy-transition/addressing-climate- +change.html. +--------------------------------------------------------------------------- + Climate change threatens all we hold dear--our economic well-being, +our culture, our way of life, our environment, our kids and future +generations. This is especially clear when it reduces our life-giving +water supplies as it is now doing in the Colorado River Basin. Climate +change is the key threat to 21st century water supply reliability. + To minimize this threat, we must act now by adapting to the coming +changes with smart water management and policy, with technology, with +science and also by reducing greenhouse gas emissions as quickly as we +can. + Thank you for your time. + references + +Ault, T.R., et al. (2016). Relative impacts of mitigation, temperature, +and precipitation on 21st-century megadrought risk in the American +Southwest. Science Advances, 2(10), e1600873. https://doi.org/10.1126/ +sciadv.1600873. + +Chavarria, S.B. & Gutzler, D.S. (2018). Observed Changes in Climate and +Streamflow in the Upper Rio Grande Basin. JAWRA Journal of the American +Water Resources Association, 54(3), 644-659. https://doi.org/10.1111/ +1752-1688.12640. + +Cook, B.I., Ault, T.R., & Smerdon, J.E. (2015). Unprecedented 21st +century drought risk in the American Southwest and Central Plains. +Science Advances, 1(1), e1400082. https://doi.org/10.1126/ +sciadv.1400082. + +Dettinger, M., Udall, B., & Georgakakos, A. (2015). Western water and +climate change. Ecological Applications, 25(8), 2069-2093. + +Diffenbaugh, N.S., Swain, D.L., & Touma, D. (2015). Anthropogenic +warming has increased drought risk in California. Proceedings of the +National Academy of Sciences, 112(13), 3931-3936. https://doi.org/ +10.1073/pnas.1422385112. + +Grafton, R.Q., et al. (2018). The paradox of irrigation efficiency. +Science, 361(6404), 748-750. https://doi.org/10.1126/science.aat9314. + +McCabe, G.J., et al. (2017). Evidence that Recent Warming is Reducing +Upper Colorado River Flows. Earth Interactions, 21(10), 1-14. https:// +doi.org/10.1175/EI-D-17-0007.1. + +Overpeck, J. & Udall, B. (2010). Dry times ahead. Science, 328(5986), +1642-1643. + +Risser, M.D. & Wehner, M.F. (2017). Attributable Human-Induced Changes +in the Likelihood and Magnitude of the Observed Extreme Precipitation +during Hurricane Harvey: Changes in Extreme Precipitation in TX. +Geophysical Research Letters, 44(24), 12,457-12,464. https://doi.org/ +10.1002/2017GL075888. + +Trenberth, K.E., et al. (2018). Hurricane Harvey Links to Ocean Heat +Content and Climate Change Adaptation. Earth's Future, 6(5), 730-744. +https://doi.org/10.1029/2018EF000825. + +Vano, J.A., Das, T., & Lettenmaier, D.P. (2012). Hydrologic +Sensitivities of Colorado River Runoff to Changes in Precipitation and +Temperature*. Journal of Hydrometeorology, 13(3), 932-949. https:// +doi.org/10.1175/JHM-D-11-069.1. + +Vano, J.A. & Lettenmaier, D.P. (2014). A sensitivity-based approach to +evaluating future changes in Colorado River discharge. Climatic Change, +122(4), 621-634. https://doi.org/10.1007/s10584-013-1023-x. + +Vano, J.A., et al. (2014). Understanding Uncertainties in Future +Colorado River streamflow. Bulletin of the American Meteorological +Society, 95(1), 59-78. + +Ward, F.A. & Pulido-Velazquez, M. (2008). Water conservation in +irrigation can increase water use. Proceedings of the National Academy +of Sciences, 105(47), 18215-18220. + +Woodhouse, C.A., et al. (2016). Increasing influence of air temperature +on upper Colorado River streamflow. Geophysical Research Letters, +2015GL067613. https://doi.org/10.1002/2015GL067613. + + ______ + + + Mr. Huffman. Thank you, Mr. Udall. The next witness is Mr. +Jonathan Nelson from the Community Water Center, a non-profit +environmental justice organization based in California's San +Joaquin Valley. The Community Water Center works to ensure that +all communities have access to safe, clean, and affordable +drinking water. The Chair now recognizes Mr. Nelson to testify. + Welcome, sir. + +STATEMENT OF JONATHAN NELSON, POLICY DIRECTOR, COMMUNITY WATER + CENTER, VISALIA, CALIFORNIA + + Mr. Nelson. Thank you, Chairman Huffman, Ranking Member +McClintock, and members of the Subcommittee. My name is +Jonathan Nelson. I am the policy director of the Community +Water Center, or CWC, an environmental justice organization +that works in the southern San Joaquin Valley and central coast +of California, whose vision is to ensure that all communities +in California and in America can have access to safe, clean, +and affordable water, through organizing education and +advocacy. + CWC also works as part of national coalitions to address +issues related to safe and affordable drinking water supply +across America. + At CWC, we believe that access to safe drinking water is a +basic human right. Yet, each year, millions of Americans are +impacted by unsafe water supply, including more than 1 million +in California. The data shows toxic drinking water +disproportionately impacts low-income communities of color. +Access to safe drinking water supply is a public health crisis, +and it is happening under our watch. + With this as quick background, I would like to offer two +points at the intersection of climate change and water supply. + First, climate change is already hurting access to safe +water supply in our communities. Climate science is clear that +droughts have the potential to become more frequent, longer, +and more severe. We saw that during the recent historic drought +in California, where over 10,000 Californians were impacted by +loss of water supply. + Communities like East Porterville, which had already faced +inequitable development and contaminated water, went dry as +farmers increasingly tapped into groundwater at unsustainable +rates, resulting in a reality where low-income communities +simply could not afford to chase the falling groundwater table. +It was a human catastrophe. Just imagine going home at the end +of today and not having water in your house, and having to have +your family rely on portable community showers and tanked +water. + What is worse, Stanford has documented the negative +relationship between stressed water supply and water quality. +The take-away is that climate change and more severe droughts +are the new normal, and we cannot look at issues of water +supply and water quality in isolation; they are fundamentally +connected. + The second point I would like to offer is to take proactive +action now to protect water supply for our most vulnerable +communities before the next water shortage crisis hits. CWC has +worked with others in California to recently pass proactive +drought preparedness legislation that would require more +advance drought emergency planning, and that also requires the +state of California to proactively identify communities that +may be at risk of future water supply shortage in the event of +a drought. + CWC is also working to implement legislation that requires +better stewarding of our precious groundwater resources, to +make sure that they last for future generations. + Finally, as already has been pointed out, we need far +greater levels of Federal investment, which has shrunk +dramatically in recent decades. These are just some of the +actions that we can take to avoid another climate-caused water +catastrophe, and we would like to work with this Congress in +taking action before it is too late. + To close, we believe that access to safe and affordable +drinking water is a basic human right. Yet, millions are +impacted by toxic water each year. This is not an abstract +issue, if you live in one of these impacted communities, and it +is only going to get worse as we move forward into a new normal +of climate change. Climate change is going to only accelerate +the challenges, but we can take action now to protect our +communities. So, we urge Congress to act. Thank you. + + [The prepared statement of Mr. Nelson follows:] + +Prepared Statement of Jonathan Nelson, Policy Director, Community Water + Center, Visalia, California + + introduction and background on community water center + + Chairman Huffman, Ranking Member McClintock, and members of the +Subcommittee, thank you for the opportunity to present testimony as +part of this informational hearing. + My name is Jonathan Nelson and I am the Policy Director of the +Community Water Center. I am here today to share with you information +and our perspective on the challenges and solutions regarding access to +safe drinking water supply in California, and particularly in +California's San Joaquin Valley and Central Coast regions. + + As background, the Community Water Center is an Environmental +Justice non-profit founded in 2006 and headquartered in Visalia, +California, in the Southern San Joaquin Valley. The vision of the +Community Water Center, or CWC, is to ensure all communities have +access to safe, clean, and affordable water. CWC works as a catalyst +for community-driven water solutions through organizing, education, and +advocacy in California's San Joaquin Valley and Central Coast. We build +grassroot capacity to address water challenges in small, rural, low- +income communities and communities of color, and also engage on +statewide drinking water policy. CWC also works as part of national +coalitions to address issues related to safe and affordable drinking +water across the country. + + In our view, those directly impacted by water contamination must +lead in creating and advocating for solutions. At CWC, we strive to +reduce barriers that prevent impacted residents from participating +effectively in decision making, and we firmly believe that in order to +solve California's drinking water crisis, all stakeholders must have a +seat at the table. + + background on our drinking water crisis + + At CWC, we believe that access to safe drinking water is a basic +human right, not a privilege. Yet each year millions of people across +the country depend on drinking water systems that serve unsafe water +\1\ and in California alone more than 1 million Californians are +exposed to unsafe drinking water from the taps in their homes, schools, +and communities.\2\ Although water problems exist statewide in +California, they disproportionately impact low income communities and +communities of color.\3\ +--------------------------------------------------------------------------- + \1\ Maura Allaire et al., National trends in drinking water quality +violations, 115 Proc. Nat'l Acad. of Sci., U.S. 2078, 2078 (2018), +https://perma.cc/Y9FU-SC7C (``[I]n 2015, nearly 21 million people +relied on community water systems that violated health-based quality +standards.'') (this number only includes those who rely on water +systems and not on private domestic wells). + \2\ https://www.politifact.com/california/statements/2019/feb/14/ +gavin-newsom/true-more-million-californians-dont-have-clean-dri/. + \3\ http://d3n8a8pro7vhmx.cloudfront.net/communitywatercenter/ +pages/52/attachments/original/1394398105/ +Balazsetal_Arsenic.pdf?1394398105. +--------------------------------------------------------------------------- + California's San Joaquin Valley and Central Coast, where we +organize in, is particularly impacted. The San Joaquin Valley alone +hosts some of the most contaminated water basins in the nation,\4\ yet +nearly 95 percent of San Joaquin Valley residents rely on groundwater +for their domestic needs.\5\ This results in the San Joaquin Valley +having the highest rates of drinking water contamination and the +greatest number of public water systems with Maximum Contaminant Level +(MCL) violations in the state.\6\ +--------------------------------------------------------------------------- + \4\ Exceedance/Compliance Status of Public Water Systems, Cal. +Water Bd., https://perma.cc/CF55-6XYW (last visited October 13, 2018, 2 +PM),; Eli Moore et al., The Human Costs of Nitrate-Contaminated +Drinking Water in the San Joaquin Valley 11 (2011), https://perma.cc/ +67GX-3ASC. + \5\ Carolina Balazs et al., Social Disparities in Nitrate- +Contaminated Drinking Water in California's San Joaquin Valley, 119 +Envtl. Health Persp. 1272, 1273 (2011), https://perma.cc/JX8V-DHXC. + \6\ http://waterboards.ca.gov/water_issues/programs/hr2w/ +index.shtml. +--------------------------------------------------------------------------- + In addition to the acute health risks associated with the Central +Valley's and Central Coast's water contamination, communities face the +disproportionate economic burden that stems from a lack of basic urban +water infrastructure. Residents are often forced to pay twice for +water, having to purchase bottled water to supplement the unsafe tap +water delivered to their homes. These drinking water costs alone can +amount to as much as 10 percent of a household's income.\7\ In other +words, those most affected by the lack of safe water are also those +least able to afford the extra cost of alternative water sources. +--------------------------------------------------------------------------- + \7\ http://d3n8a8pro7vhmx.cloudfront.net/communitywatercenter/ +pages/52/attachments/original/1394397950/assessing-water- +affordability.pdf?1394397950. +--------------------------------------------------------------------------- + Droughts and other water supply stressers only exacerbate the +challenge. California has recently emerged from the most severe drought +in the state's recorded history. Thousands of wells went dry, which +forced communities and residents to turn on old, contaminated back-up +wells or rely on emergency drinking water supplies like trucked water +or bottled water. For a long time, many residents were filling buckets +from their neighbors' water hoses in order to have enough water for +basic sanitation. And we still have communities and private well owners +whose wells remain dry years later. + Finally, the communities most impacted by unsafe drinking water +were for decades continuously and deliberately excluded from full +participation in their local water decision-making governance. And +still today there are challenges in ensuring adequate participation by +local communities in water governance. + We know through experience that if you give communities a seat at +the table, and empower them with the information they need, that they +can meaningfully participate in the decision-making process--and that +the solutions that result will better reflect the needs of communities. + solutions to secure safe drinking water supply for vulnerable + communities in the face of climate change + I would like to spend the remainder of my remarks today outlining a +few areas of need at the intersection of climate change and access to +safe drinking water supply. + +The first point is acknowledging that climate change is already having +a direct impact on access to safe drinking water supply for vulnerable +communities. + + The California community of East Porterville was severely and +disproportionately impacted during the 2011-2017 drought. East +Porterville is an unincorporated community of around 7,000 people in +Tulare County, California. Up until recently, due to inequitable +development patterns, nearly all East Porterville residents were served +by private domestic wells. As many as 300 wells were reported dry over +the drought years of 2014 and 2015. What is worse, many wells in the +area had tested positive for nitrates, a dangerous contaminant. As +surface water deliveries diminished, farmers increasingly tapped into +groundwater at unsustainable rates. This resulted in plummeting +groundwater levels, causing land subsidence and a reality where low- +income communities could not afford to keep drilling to chase the +falling groundwater table--causing domestic and shallow municipal wells +to go dry. + In response, CWC worked collaboratively with both local and state +government to address what had become a grave public health crisis. The +solution involved both interim and long-term drinking water solutions. +The interim measures included emergency bottled water, water tanks, and +portable showers--however these band-aid measures came at great +financial cost to the state of California, an estimated $633,500 per +month just for East Porterville--that's $7.6 million per year.\8\ The +long-term solution involved a consolidation for residents on domestic +wells into the city of Porterville's water system. CWC conducted large- +scale community outreach to ensure residents understood their options +and what to expect if they chose to connect to the city of +Porterville's water system. Since then, more than 700 East Porterville +homes have been connected to the city of Porterville's public water +system and now have a source of safe and reliable water for years to +come. +--------------------------------------------------------------------------- + \8\ https://water.ca.gov/-/media/DWR-Website/Web-Pages/What-We-Do/ +Emergency-Management/Files/East-Porterville/East- +Porterville_Feasibility-Study_Public-Draft_Rev_060316-1.pdf--pg. 35. +--------------------------------------------------------------------------- + Unfortunately East Porterville was not an isolated incident. In +2014, USDA granted more than $4 million in emergency funding to 11 +public water districts in Tulare County alone to address water supply +shortfalls.\9\ Over 10,000 Californians suffered inadequate access to +water supply during the drought.\10\ Most of these Californians resided +in low-income communities of color that at worst had experienced +historic discrimination and at best insufficient levels of funding +investment. Climate change science tells us there will be more East +Porterville type emergencies in the future, as droughts become more +frequent, longer, and more severe. It is not a question of if the next +drought strikes, but when. +--------------------------------------------------------------------------- + \9\ https://www.visaliatimesdelta.com/story/news/local/2014/07/28/ +tulare-county-gets-million-drought-help/13266557/. + \10\ State of California Household Water Supply Shortage Reporting +System. +--------------------------------------------------------------------------- + The East Porterville story also illustrates what real solutions +look like--in this case, funding to support consolidation of households +to a nearby water agency that still had access to water, coordination +between multiple levels of government, engagement with community-based +organizations. These solutions will continue to be needed as we grapple +with a new normal at the intersection of climate change, drought, and +our most vulnerable communities. + Finally, it is worth noting the relationship between water supply +and water quality, which is often not talked about. We repeatedly found +increased challenges with water quality in California's Central Valley +due to the drought and the resulting (even more) stressed water supply +as the composition of the aquifers changed. 6Stanford University has +recently released a study \11\ documenting the negative relationship +between stressed water supply and water quality in the aquifers. The +takeaway is we cannot look at issues of water supply and water quality +in isolation--they are fundamentally connected. +--------------------------------------------------------------------------- + \11\ https://news.stanford.edu/press-releases/2018/06/05/ +overpumping-groundwater-increases-contamination-risk/. + +The second point is around proactively building resilient drinking +water institutions, particularly in our most vulnerable and +disadvantaged communities, in order to secure a safe and affordable +--------------------------------------------------------------------------- +water supply in the face of climate change. + + What do we mean by building resilient drinking water institutions? +To us, resilient drinking water institutions are those that have the +capacity to provide safe drinking water both now and for the long term, +in the face of complex challenges such as resulting from water +contamination, over-depletion of groundwater sources, and stressors +like population growth--and perhaps most critically, climate change. + There are a number of actions we are pursuing in California to +better prepare for when the next drought hits, so that we never again +subject so many to such horrific conditions. In addition to responding +to the real-time impacts of climate change and drought emergencies, CWC +has worked over the last few years to pass proactive drought +preparedness legislation. For example, CWC worked collaboratively with +numerous other organizations to put forward legislation in 2017, +California Assembly Bill 1668, that would require certain planning +measures to be taken before a drought hits so that we can build more +resiliency ahead of time for our most vulnerable communities. +Importantly, the legislation would (1) require the state of California +to work with the appropriate water and government stakeholders to +develop recommended guidelines for drought and water shortage +contingency planning/emergency response, and (2) proactively identify +communities that may be at risk of water shortage in a future drought. +This is just one example of policies we are pursuing in California to +build resiliency for our most vulnerable communities in response to a +future of increased climate change and drought. + Another important effort in California to prepare for a future of +climate change and increased drought is to better steward our precious +groundwater sources. In 2014 California passed legislation, the +Sustainable Groundwater Management Act or SGMA, to address a reality of +over-pumping of groundwater aquifers that directly contributed to so +many vulnerable Californians losing access to water during the drought. +SGMA requires the creation of Groundwater Sustainability Agencies and +Plans in order to achieve sustainability of groundwater use while +protecting the needs of communities and drinking water. SGMA is still +in the early stages of implementation and we have serious concerns that +the interests of small communities are being overshadowed or even +ignored by larger, more powerful interests. That said, SGMA does at +least offer a pathway toward greater sustainability of how groundwater +is used--so that it can be preserved and stewarded for the generations +to come. + Most importantly it must be noted that lasting change must start +within the community and has to be sustained by the community. We must +ensure that both funding processes and planning processes allow for +meaningful community engagement, not just a rubber stamp, so that +solutions can best reflect their needs. + Finally, we need to acknowledge that we need far greater levels of +Federal investment. A recent California State Water Board report found +that ``the percentage of federal support in the total public spending +on infrastructure for water utilities has fallen from over 30% in the +1970s to less than 5 percent in 2015.'' \12\ Congress must invest more +into ensuring access to a safe and affordable drinking water supply if +we are ever to secure every American's basic human right to water in +our country. +--------------------------------------------------------------------------- + \12\ https://www.waterboards.ca.gov/water_issues/programs/ +conservation_portal/assistance/docs/2019/draft_report_ab401.pdf. +--------------------------------------------------------------------------- + conclusion + To reiterate, we believe that access to safe, clean and affordable +drinking water is a basic human right. Securing this basic human right +for everyone in the United States is within reach if we muster the +political will and back it with the necessary funding investments. The +need is more urgent than ever in the face of climate change, which is +accelerating the set of challenges to ensuring universal access to a +safe and affordable water supply. We urge Congress to act. + Thank you again for the opportunity to present as part of this +hearing, and please do not hesitate to reach out if we can be a further +resource or of assistance. + + Thank you. + + ______ + + + Mr. Huffman. Thank you, Mr. Nelson. Next we will recognize +Mr. Tony Willardson, who serves as the Executive Director of +the Western States Water Council. The Council is appointed by +the 18 Republican and Democratic governors of the western +states to work on water policy issues. + Thank you for being here, Mr. Willardson. The Chair now +recognizes you for 5 minutes. + + STATEMENT OF TONY WILLARDSON, EXECUTIVE DIRECTOR, WESTERN + STATES WATER COUNCIL, MURRAY, UTAH + + Mr. Willardson. Thank you, Chairman Huffman and Ranking +Member McClintock, and other members of the Subcommittee. We +appreciate the opportunity to testify on positions that the +Council has adopted. I would point out that we are a government +entity. We are an instrumentality of each and every +participating state, which includes the 17 reclamation states +and Alaska. + A secure water future is increasingly uncertain, due to a +number of factors. This includes limited data regarding water +supply, as well as demands in existing uses; unpredictable +climate extremes, such as drought; aging and often inadequate +infrastructure; competing and poorly defined water rights; +changing values and regulatory requirements; and integrated +collaborative and grass roots approaches needed to water +resources management. And this is going to require stronger +cooperation that transcends geographical boundaries between +states, Federal agencies, tribes, and local communities. + Emphasizing, obviously, from our state perspective, the +states have a primary responsibility for water resources +management. But also we strive to cooperate with national, +regional, local, and tribal entities with their +responsibilities and seek cooperation, rather than conflict and +litigation. + Water data is an area where we need to place a high +priority. There are many vital water data programs, but in +2007, the National Science and Technology Council simply stated +that quantitative knowledge of U.S. water supply is currently +inadequate. That remains the case. + Here, this Committee has jurisdiction over the USGS and +their Groundwater and Streamflow Information Program, over the +National Water-Quality Assessment and water use data, as well +as land imaging and thermal infrared imaging with Landsat. And +I mentioned the Bureau of Reclamation's Agrimet weather station +network, as well. + We need to invest more in the water data that is critical +for decision making. The Council supports state and Federal +applied research and hydroclimate data collection programs that +assist water agencies at all levels of government to adapt to +climate variability, and make sound scientific decisions. +Future decision making will depend on our ability to +understand, monitor, predict, and adapt to climate variability. +It has serious consequences, as has been described. + The Council also supports Reclamation's drought response +program, as well as other Federal programs, including the +National Integrated Drought Information System. I co-chair the +executive council for NIDIS. It is a recurring threat, and NOAA +estimates between 2015 and 2017, it cost this country $11 +billion. We need to improve our ability to observe, understand, +model, predict, and adapt to variability. + And the Bureau of Reclamation has a rule here, as well, and +particularly given their interest in forecasts as part of +reservoir operations. Seasonal to sub-seasonal forecasting is +an area where we need a better understanding of hydro-climatic +processes, dynamical earth system modeling, and probabilistic +outlooks of climate extremes. We need to improve our western +observing systems as it relates to extreme events. + The Council also supports integrated energy and water +program and project planning. We enjoy diverse and abundant +energy resources in the West that include renewable and non- +renewable. We need to maintain adequate and sustainable +supplies of clean water and energy, which are inter-related +challenges. + And I would also mention the Council supports hydropower +development, a reasonable development that includes protecting +our environmental resources, consistent with the state's +authority under the Clean Water Act section 401. Hydropower is +a vital part of our energy portfolio. + I had mentioned briefly infrastructure and the challenges +that we face there with the aging infrastructure. Many have +exceeded their design life. Inadequate and untimely funding is +increasing those costs. The Council particularly supports +funding for rural water projects, many of which have been +unfunded, as well as for tribal water projects. + And I would conclude by mentioning the importance to us of +using the Reclamation Fund, which was created by Congress in +1902 with revenues and receipts from water and power sales, +from Federal land sales, from mineral leasing and oil and gas +revenues to fund these kinds of projects. Currently, the +unobligated balance is nearly $16 billion, and that money has +been spent for other Federal purposes, contrary to the original +intent of Congress. + Thank you for the opportunity to testify. + + [The prepared statement of Mr. Willardson follows:] + Prepared Statement of Tony Willardson, Executive Director, Western + States Water Council + introduction/vision statement + Chairman Huffman, Ranking Member McClintock and members of the +Subcommittee: My name is Tony Willardson and I am the Executive +Director of the Western States Water Council (WSWC). The Council is a +bi-partisan government entity created by western governors in 1965 as a +policy advisory body representing 18 western states. Our members are +appointed by their governors, and we have a small staff located in Salt +Lake City, Utah. + My testimony is based on our existing policy position statements +covering many water issues that fall under the jurisdiction of the +Subcommittee and Committee. All our policy positions are available +online at www.westernstateswater.org/policies-2/. + Water is an increasingly scarce and precious resource and should be +a public policy priority. In the West, water is critically important to +our public health, economy, food security, environment, and western way +of life. We must cultivate a water conservation ethic through greater +understanding of, and appreciation for, water's value. + Population growth, competing economic and ecological demands, and +changing social values have stressed surface and groundwater supplies +in many areas. As a result, the number and complexity of conflicts +among users and uses is increasing. A secure water future is becoming +increasingly uncertain. Numerous factors contribute to the uncertainty, +including our unpredictable climate, aging and often inadequate +infrastructure, data limitations regarding water supplies and demands, +competing or poorly defined water rights, and a constantly evolving +regulatory landscape. + An integrated, collaborative, and grassroots approach to water +resources management is essential to ensure an adequate, secure and +sustainable supply of water of suitable quality to meet our diverse +economic and environmental needs now and in the future. This will +require stronger collaboration and cooperation that transcends +political and geographic boundaries between states, Federal agencies, +tribes, and local communities. We should work together to identify +water problems and develop optimal solutions at the lowest appropriate +level of government. Striving for cooperation rather than conflict and +litigation, we must recognize and respect national, state, regional, +local and tribal differences in values related to water resources. + The States' primary stewardship over water resources is fundamental +to a sustainable water future. Federal water planning, policy +development, regulation, protection, and management must recognize, +defer to, and support state water laws, plans, policies, and programs, +as well as state water rights administration, adjudication and +regulation, compacts and settlements. Rather than attempt to dictate +water policy, the Federal Government should engage states early in +meaningful consultation--avoiding, or at least minimizing, the need for +Federal regulatory mandates. Further, the Federal Government should +contribute its fair share of funding in support of Federal obligations +and objectives that may be implemented as part of state water planning, +management, and protection programs and projects. + A secure and sustainable water future will be determined by our +ability to maintain, replace, expand and make the most efficient use of +critical water infrastructure. We must preserve and improve existing +infrastructure, as well as encourage and support innovative water +supply strategies and new storage options to better balance supplies +with demands. + All levels of government must prioritize the collection, analysis +and open sharing of reliable data regarding water availability, +quality, and usage given its importance to research for sound science +and data driven decision making. + water data + The Western States Water Council urges the Congress and the +Administration to give a high priority to the allocation and +appropriation of sufficient funds for vital water data programs, which +benefit so many, yet have been, or are being allowed to erode to the +point that it threatens the quantity and quality of basic water data +provided to a myriad, growing and diffuse number of decision makers and +stakeholders, with significantly adverse consequences. (WSWC Position +#428, October 26, 2018) + This includes the Bureau of Reclamation's Agrimet network of +weather stations and similar networks that provide data used for +improving agricultural water use efficiency and ground-truthing, +calibrating and validating remote-sensing platforms such Landsat. (WSWC +Position #418, March 14, 2018) + Quoting from a 2007 National Science and Technology Council report, +A Strategy for Federal Science and Technology to Support Water +Availability and Quality in the United States, September 2007: ``Many +effective programs are underway to measure aspects of our water +resources. However, simply stated quantitative knowledge of U.S. water +supply is currently inadequate. A robust process for measuring the +quantity and quality of the Nation's water resources requires a systems +approach. Surface water, groundwater, rainfall, and snow-pack all +represent quantities of water to be assessed and managed--from the +perspectives of quantity, quality, timing, and location.'' + Sound decision making demands accurate and timely data on +precipitation, temperature, evapo-transpiration, soil moisture, snow +depth, snow water content, streamflow, groundwater, water quality and +similar information. + The demands for water and related climate data continue to +increase, and this information is used by Federal, state, tribal, and +local government agencies, as well as private entities and individuals +to: (1) forecast flooding, drought and other climate-related events; +(2) project future water supplies for agricultural, municipal, and +industrial uses; (3) estimate streamflows for hydropower production, +recreation, and environmental purposes, such as for fish and wildlife +management, including endangered species needs; (4) facilitate water +management and administration of water rights, decrees, and interstate +compacts; and (5) design and construct resilient water infrastructure +projects. + Without timely and accurate information, human life, health, +welfare, property, and environmental and natural resources are at +considerably greater risk of loss. Data gathering and analysis needs +transcend administrative agency boundaries and congressional committee +jurisdiction requiring collaboration. State-of-the-art technology has +been and is being developed to provide real or near real-time data in +formats that can be shared and used by different computer programs with +the potential to vastly improve the water-related information available +to decision makers in natural resources and emergency management, and +thus better protect the public safety, welfare and the environment. + Vital information is gathered and disseminated through a number of +important Federal programs that provide useful products to assist in +visualizing and interpreting data on water and snow, making water +supply and availability information more accessible, and easy to +interpret. + These include, but are not limited to: (1) the Snow Survey and +Water Supply Forecasting Program, administered by the National Water +and Climate Center (NWCC) in Portland, Oregon, and funded through +USDA's Natural Resources Conservation Service (NRCS); (2) NWCC's Soil +and Climate Analysis Network (SCAN); (3) the U.S. Geological Survey's +(USGS) Groundwater and Streamflow Information Program (GWSIP) and +National Streamflow Network, which are funded through the Department of +the Interior; (4) Landsat thermal data, archived and distributed by the +USGS, and other remotely sensed data acquired through the National +Atmospheric and Space Administration (NASA) and its water-related +missions; (5) the National Oceanic and Atmospheric Administration's +(NOAA) National Weather Service and Climate Programs Office; and (6) +the Environmental Protection Agency's National Environmental +Information Exchange Network (NEIEN). + Over many years, the lack of capital investments in water data +programs has led to the discontinuance, disrepair, or obsolescence of +vital equipment needed to maintain existing water resources related +data gathering activities. There is a serious need for adequate and +consistent Federal funding to maintain, restore, modernize, and upgrade +Federal water, weather and climate observation programs, not only to +avoid the loss or further erosion of critical information and data, but +also to address emerging needs, with a primary focus on coordinated +data collection and dissemination. + climate adaptation + The Council supports state and Federal applied research and +hydroclimate data collection programs that would assist water agencies +at all levels of government in adapting to climate variability and +making sound scientific decisions. (WSWC Position #421, March 14, 2018) + Climate variability has serious potential consequences for water +supply availability, water resources planning and management, water +rights administration, flood management, and water quality management. +Further, much of the West's water infrastructure was designed and +constructed prior to our current understanding of climate variability, +often from short hydrologic records from the first half of the 20th +century. The impacts of climate variability can include increased +frequency and intensity of severe weather (droughts and floods), +reduction of mountain snowpacks, changes in timing and amount of +snowmelt runoff, and changes in plant and crop evapotranspiration +resulting in changed water demand patterns. + Climate variability leads to additional stress on western water +resources, which are already challenged by population growth, +competition for scarce resources, increasingly stringent environmental +regulations, and other factors. Water resources planning and management +at all levels of government and sound future decision making depend on +our ability to understand, monitor, predict, and adapt to climate +variability. The Council has over the years co-sponsored several +workshops to gather input on climate adaptation and research needs, +including research on extreme events. These workshops and various +Federal reports have helped in identifying knowledge gaps, research +needs, opportunities to improve planning capabilities, and other +activities that would assist in climate adaptation including those that +could impact water quality and thus, available water supply. + Applied research needs and improvements to water resources planning +capabilities include subjects such as evaluation of modifications to +reservoir flood control rule curves, evaluation of the adequacy of +existing Federal hydroclimate monitoring networks, improvements to +extreme precipitation observing networks and forecasting capabilities, +development and improvement of applications for remote sensing data +(satellite imagery), preparation of reconstructed paleoclimate datasets +for drought analyses, and development of new guidelines for estimation +of flood flow frequencies. + drought preparedness + The Council supports the Bureau of Reclamations Drought Response +Program, as well as other Federal programs including, but not limited +to, the National Integrated Drought Information System (NIDIS), under +the National Oceanic and Atmospheric Administration (NOAA), and other +programs designed to improve our forecasting and response capabilities. +Further, the Council urges and encourages the Congress and the +Administration to assess and consider the need for a comprehensive +national drought preparedness and response program on par with Federal +efforts to address natural disasters such as hurricanes, tornadoes, +floods and similar extreme events. (WSWC Policy Position #430, October +26, 2018) + Since its inception the Council has been actively involved in +national drought preparedness, planning and response, as well as +related policy and program development and implementation. Drought is a +recurring threat. According to the National Oceanic and Atmospheric +Administration (NOAA), National Centers for Environmental Information, +from 2015-2017, economic losses due to drought have been estimated at +$11.1 billion. + The Bureau of Reclamation's current Drought Response Program +supports a proactive approach to drought and provides financial +assistance to water managers and users via its WaterSMART program to: +(1) develop drought contingency plans; (2) implement drought resiliency +projects to build the capacity of communities to mitigate and respond +to drought--increasing the reliability of water supplies, improving +water management and operational flexibility, facilitating voluntary +sales, transfers or exchanges of water, and providing benefits for fish +and wildlife and the environment; and (3) undertake emergency actions +to minimize losses due to drought through temporary construction +activities and other activities, including water purchases and the use +of Reclamation facilities to convey and store water. + The Council strongly supports legislation to permanently authorize +Title I activities under the Reclamation States Emergency Drought +Relief Act and provide adequate appropriations to meet priority needs +and continue the Reclamation Drought Response Program. There is a +continuing need for making permanent the temporary authority allowing +Reclamation the flexibility to continue delivering water to meet +authorized project purposes, meet environmental requirements, respect +state water rights, work with all stakeholders, and provide leadership, +innovation, and assistance. + There is a need for maintaining and improving existing monitoring +networks that help provide drought early warning signals, as well as +for tracking the impacts of drought. There is a continuing need for +developing new monitoring technologies, such as remote sensing, that +provide more timely data on water availability and better spatial +coverage for assessing water supplies and drought impacts. The +collection of basic monitoring data on streamflow, snow pack, +groundwater levels, and weather and climate data are essential to +understanding water availability and interpreting the early signs of +drought. (WSWC Position #429, October 26, 2018) + subseasonal and seasonal forecasting + The Council urges the Federal Government to support and place a +priority on research to improve subseasonal to seasonal (S2S) forecasts +and research related to extreme events, including research on better +understanding of hydroclimate processes, paleoflood analysis, design of +monitoring networks, and probabilistic outlooks of climate extremes. +Further, the Council supports development of an improved observing +system for Western extreme precipitation events such as atmospheric +river storms, as well as baseline and enhanced stream, snow and soil +moisture monitoring capabilities. + Western states experience great subseasonal, seasonal, and annual +variability in precipitation, with serious impacts and consequences for +water supply planning and management, drought and flood preparedness +and response, water rights administration, operation of water projects, +and aging water infrastructure. Sound decision making to protect life +and property by reducing flood risks and to inform decisions involving +billions of dollars of economic activity for urban centers, +agriculture, hydropower generation, and fisheries depends on our +ability to observe, understand, model, predict, and adapt to +precipitation variability on operational time scales ranging from a few +weeks to a season or more. Investments in observations, modeling, high- +performance computing capabilities, research and operational +forecasting of precipitation provide an opportunity to significantly +improve planning and water project operations to reduce flood damages, +mitigate economic and environmental damages, and maximize water storage +and water use efficiency. (WSWC Position #399, April 14, 2017) + The Federal Government should place a priority on continuing +Federal research to develop new and improved predictive capabilities +for precipitation at subseasonal to seasonal time scales (as described +in the report to Congress prepared by NOAA pursuant to Title II of PL +115-25). Our present scientific capability for forecasting beyond the +weather time domain--beyond the 10-day time horizon--and at the +subseasonal to interannual time scales important for water management +is not skillful enough to support water management decision making. The +Council has sponsored a number of workshops on hydroclimate data and +extreme events, to identify actions that can be taken at planning to +operational time scales to improve readiness for extreme events. +Multiple approaches have been identified at these workshops that could +be employed at the planning time scale, including ensembles of global +circulation models, paleoclimate analyses, and improved statistical +modeling, to improve flood frequency analysis and/or seasonal +forecasting. (WSWC Position #407, June 29, 2017) + Advances in forecasting research, such as the hydrometeorological +testbed program on West Coast atmospheric rivers, demonstrate the +potential for improving extreme event forecasting at an operational +time scale. The Federal Government should sustain and expand its +Hydrometeorology Testbed-West program, in partnership with states and +regional centers, to build upon the initial progress made in that +program for developing and installing new technologies for +precipitation observations. + The responsibility for operational weather forecasting rests with +the National Weather Service (NWS), but improvements through Forecast +Informed Reservoir Operations (FIRO) is also of particular interest to +the Bureau of Reclamation and U.S. Army Corps of Engineers, which can +also contribute to this effort. + infrastructure financing + The Council supports appropriate Federal investments in water +infrastructure projects and programs that provide jobs and economic +security, while protecting the environment--as well as dedicated +Federal water infrastructure funding. (WSWC Position #419, March 14, +2018) + The West and the Nation depend on an intricate and aging system of +weirs, diversions, dams, reservoirs, pipelines, aqueducts, pumps, +canals, laterals, drains, levees, wells, stormwater channels, and water +and wastewater treatment and hydroelectric power plants. Maintaining +and delivering sufficient supplies of water of suitable quality is key +to maintaining the Nation's and the West's economic prosperity, meeting +our environmental needs, and sustaining our quality of life, both now +and in the future. Appropriate water-related infrastructure investments +ensure our continued ability to store, manage, conserve, and control +water during both floods and droughts--as well as protect and treat our +water resources. Existing and new infrastructure is critical to meet +drinking water, wastewater treatment, irrigation, hydropower, flood +control, interstate compact, tribal and international treaty, fish and +wildlife habitat needs. + Water infrastructure in the West is financed and maintained under a +complex network of state, tribal, local, private, and Federal +ownership, benefiting a broad segment of water users and other +stakeholders. Aging water infrastructure has deteriorated--due to +underfunded and deferred maintenance, repair, and replacement needs-- +and in many cases has exceeded its useful life span, raising public +health and safety issues, risking loss of life and threatening public +and private property. Inconsistent, inadequate, and untimely funding +increases project construction and financing costs, as well as risk, +including the failure of critical infrastructure. Substantial and +sustained investments in water project construction, maintenance, +rehabilitation and replacement is necessary and pays long-term +dividends to the economy, public health and safety, and the +environment. The Council supports appropriate infrastructure asset +management and capital budgeting. + Existing Federal, state and local programs to publicly finance +water-related infrastructure projects are crucial, but insufficient to +meet water quality and water resources management challenges related to +future growth, including municipal, industrial, agricultural, +environmental, and energy needs. Water infrastructure systems require +ongoing, thoughtful investments to account for life cycle costs, and +should be managed with planned retirement or replacement in mind. + The Federal Government has a significant role to play in financing +and cost-sharing for water-related infrastructure given Federal +economic and environmental objectives, Federal tribal trust and treaty +obligations, other past commitments, and Federal regulatory mandates. +Federal financial resources are limited, and many authorized Federal +water infrastructure projects have not been started or remain +incomplete for decades due to inconsistent, incremental, or +insufficient appropriations; permitting and licensing backlogs; +duplicative environmental reviews; litigation delays; and oversight by +multiple Federal agencies without adequate interagency coordination. + Further, current Federal budget scoring guidelines assess the full +cost of infrastructure investments up front, while disproportionately +discounting long-term economic, public health and safety, and +environmental benefits--sometimes making new water project investments +challenging to justify financially. + Local water district and state agency investments, private capital +markets, performance-based contracting, and other alternatives offer +help to close the Federal funding, delivery, and maintenance gaps, and +meet some of our national water infrastructure needs in partnership +with Federal agencies. Such partnerships have the potential to reduce +overall project development costs and risks associated with such +capital investments, expedite project delivery and associated water +resource benefits, improve efficiencies and cost effectiveness, and +maximize the respective strengths of the public and private sectors. +Opportunities exist to leverage Federal and non-Federal funding through +grants, loans and credit enhancements, as well as provide greater +access to private sources of financing. + One challenge is that Federal agencies often lack legislative +authority to dedicate a sustained revenue stream to assure non-Federal +investors are fairly compensated for the costs and risks of +constructing or maintaining Federal water projects, sometimes requiring +approval through an act of Congress to proceed. The Council supports a +method of congressional budget scoring that considers the unique timing +of the costs and benefits of water infrastructure investments, and +accounts for long-term public health and safety, economic and +environmental benefits, with fair and appropriate discounting. + There is no one-size-fits-all program, but several Federal +financial and technical assistance programs, grants, loans, cost-share +programs, and Federal-state-local or public-private partnerships have +proven beneficial to the timely completion and ongoing maintenance of +infrastructure projects at all scales. + The Congress and the Administration should work together to ensure +adequate, stable, and continuing Federal appropriations for +constructing, maintaining, and replacing critical Federal water +projects and to assist states and local governments as they address +their water infrastructure needs. Further, they should work together +and with the states to streamline permitting processes and coordinate +environmental and other regulatory reviews to eliminate duplicative +procedures, reduce costs of compliance and construction, and ensure +timely completion, maintenance, or relicensing of authorized +infrastructure projects so vital to the West and the Nation. + Moreover, the Council supports the creation and maintenance of +dedicated water infrastructure funding through special accounts with +dedicated receipts to be promptly appropriated for authorized purposes +following their deposit, as well as a variety of grant, loan, credit +enhancement and other financial incentive programs to help meet diverse +needs at all scales. + rural water projects + The Council strongly supports congressional action to expedite +construction of authorized rural water supply projects in a timely +manner, including projects that meet tribal trust and other Federal +responsibilities--recognizing and continuing to defer to the primacy of +western water laws and tribal settlements in allocating water among +users. (WSWC Position #423, August 3, 2018) + Across the West, rural and tribal communities are experiencing +water supply shortages due to drought, declining streamflows and +groundwater supplies, and inadequate infrastructure, with some +communities hauling water over substantial distances to satisfy their +potable water needs. Often water supplies that are available to these +communities are of poor quality and may be impaired by naturally +occurring and man-made contaminants, including arsenic and carcinogens, +which impact communities' health and their ability to comply with +increasingly stringent Federal water quality and drinking water +mandates. At the same time, many rural and tribal communities in the +West are suffering from significant levels of unemployment and simply +lack the financial capacity and expertise to finance and construct +needed drinking water system improvements. + In 2014, the Bureau of Reclamation working with other Federal +agencies and the Western States Water Council sought to identify and +evaluate rural water needs and the demand for new rural water supply +projects. Reclamation estimated the costs for rural potable water +supply system improvements in the 17 western states to be in the range +of $5 billion to $9 billion for non-Indian projects and approximately +$1.5 billion for specific Indian water supply projects. Reclamation +also estimated that the cost to complete currently authorized projects +that are under construction rose from the $2 billion originally +authorized to $2.4 billion (in 2014) and costs continue rising. Given +past levels of funding these priority projects will not likely be +completed until well after 2065 at a cost of more than $4.8 billion. + Reclamation has not requested funds for grants to undertake +additional appraisal investigations or feasibility studies for new +rural water projects, given the significant backlog of authorized +projects and lack of Federal funding. Federal expenditures for rural +water projects generate significant returns on the investment through +increased national and local economic benefits, as well as improvements +in quality of life. However, project benefits cannot be fully realized +until the projects are completed. + reclamation fund spending + The Council has a long-standing policy in support of fully +appropriating receipts accruing to the Reclamation Fund for authorized +projects, including rural and tribal water supply projects, as well as +supporting an investigation of converting it to a true revolving trust +fund. (WSWC Position #408, June 29, 2017) + Under the Reclamation Act of 1902, the Reclamation Fund was +envisioned as the principle means for financing Federal western water +and power projects with revenues from western resources--but these +receipts are only available for expenditure pursuant to annual +appropriation acts. Receipts are largely derived from water and power +sales, project repayments, and receipts from public land sales and +leases, as well as oil and mineral-leasing and related royalties, +almost exclusively from western lands, many adjacent to rural and +tribal communities. With growing receipts--in part due to energy +development across the rural West--and declining Federal appropriations +for Reclamation Act purposes, the unobligated balance grows larger and +larger (and is expected to soon exceed $16 billion), while the money is +actually spent elsewhere, for other Federal purposes, contrary to the +Congress' original intent. + The Council is committed to continuing to work cooperatively with +the Congress, the Department of the Interior and Bureau of Reclamation +to meet our present rural water needs in the West for present and +future generations, within the framework of state water law. The +Council recommends that the Congress and the Administration investigate +the advantages of converting the Reclamation Fund from a special +account to a true revolving trust fund with annual receipts to be +appropriated for authorized purposes in the year following their +deposit (similar to some other Federal authorities and trust accounts). + tribal water rights settlements + The Council has consistently supported negotiated settlement of +disputed tribal water claims, as well as steps to ensure that +settlements, once enacted, will be funded. Unresolved tribal claims +leave tribal and non-tribal water supply reliability uncertain. (WSWC +Position #412, October 20, 2017) + The settlement of Native American water right claims is one of the +most important aspects of the United States' trust obligation and is of +vital importance to the country as a whole and not just individual +tribes or states. The public interest and sound public policy require +the resolution of tribal water rights claims in a manner that is +equitable and least disruptive to existing uses of water. Negotiated +quantification of tribal water rights claims is a highly desirable +process which can achieve quantifications fairly, efficiently, and with +the least cost. The advantages of negotiated settlements include: (1) +the ability to be flexible and to tailor solutions to the unique +circumstances of each situation; (2) the ability to promote +conservation and sound water management practices; and (3) the ability +to establish a foundation for cooperative partnerships between Native +American and non-tribal communities. + The successful resolution of certain claims may require physical +solutions, such as development of Federal water projects and improved +water delivery and application techniques that provide tribes with +``wet water.'' The United States has developed many major water +projects that compete for use of waters claimed by Native American and +non-tribal communities and has a responsibility to assist in resolving +such conflicts. Tribal water rights settlements involve a waiver of +tribal water right claims and tribal breach of trust claims that +otherwise could result in court-ordered judgments against the United +States and increase costs for Federal taxpayers. The obligation to fund +resulting settlements is analogous to, and no less serious than, the +obligation of the United States to pay judgments rendered against it. + Current Federal budgetary pressures and legislative policies make +it difficult for the Administration, the states and the tribes to +negotiate settlements knowing that they may not be funded because +either they are considered earmarks or because funding must be offset +by a corresponding reduction in some other expenditure, such as another +tribal or essential Interior Department program. Tribal water rights +settlements are not and should not be defined as congressional +earmarks. + Steps should be taken to ensure that any water settlement, once +authorized by the Congress and approved by the President, will be +funded. Congress should expand opportunities to provide funding for the +Bureau of Reclamation to undertake project construction related to +settlements from revenues accruing to the Reclamation Fund, recognizing +the existence of other legitimate needs that may be financed by these +reserves. + energy & water planning + The Council supports integrating water and energy program and +project planning, including promoting conservation and use efficiency, +while seeking to minimize economic, environmental and other costs. +(WSWC Position #420, March 16, 2018) + The West enjoys diverse and abundant energy resources, including +renewable and non-renewable resources, and the West is a leader in the +planning, development, diversification, management and protection of +the Nation's water and energy resources. Maintaining adequate and +sustainable supplies of clean water and energy present interrelated +challenges. Water is scarce in much of the region and may or may not +always be sufficient for all proposed uses. Power plant cooling and +other energy development related water requirements can be significant +on state, local and westwide scales. + An integrated approach to water and energy resource planning, +development, diversification, management and protection is necessary to +achieve a thriving and sustainable future for the West. Effectively +planning for the future requires gathering and integrating data and +information on past, present and future water and energy supplies and +demands, including demands by different sectors, uses and users. In +general, current water use data (especially consumptive water use data) +are not sufficient for detailed and comprehensive analyses to support +many water/energy decisions and policy makers' needs. The Council has +worked collaboratively with state and Federal agencies to develop a +better understanding of water and energy supplies and demands. + Public-private partnerships are increasingly important in +addressing our future water and energy challenges; and there is a +continuing need for Federal and state water and energy resource +agencies, public utility commissions, and other planners, regulators +and policy makers to better define and consider the nexus between water +and energy resources in their respective areas of jurisdiction. +Continuing water and energy nexus research and development is needed to +further our understanding and evaluate the effectiveness of different +policies and programs given various future scenarios. + hydropower + The Council supports Federal legislative and administrative actions +to authorize and implement reasonable hydropower projects and programs +that enhance our electric generation capacity and promote economic +development, through streamlined permitting processes, while +appropriately protecting environmental resources. The future +development of potential hydropower resources should be appropriately +undertaken in compliance with substantive and procedural state water +law and interstate compacts, and consistent with the states' authority +under Clean Water Act Section 401. Further, all rights and preference +privileges of existing water and power users should be respected. (WSWC +Position #391, March 22, 2016) + The hydropower resources of the West have been developed through +partnerships between energy and water users and continue to be +inextricably connected. Clean, efficient, inexpensive hydropower is a +vital part of the energy resources needed to meet our present and +future energy demands. Hydropower is a prominent component of +electricity generation in a number of western states, and important +part of state renewable portfolio standards. Hydropower is the largest +source of renewable electricity in the United States, representing +about 48 percent of total renewable electricity generation, with +approximately 101 gigawatts (GW) of capacity and nearly 7 percent of +total electricity generation. (www.energy.gov/sites/prod/files/2016/10/ +f33/Hydropower-Vision-Chapter-2-10212016.pdf--p. 76) + The potential exists for further public and private hydropower +development by upgrading existing generators, developing small hydro +and the power potential from existing man-made conduits and canals, as +well as hydroelectric pumped storage projects. Such development can +often be undertaken with little impact on the environmental and +important ecological resources, requiring minimal further environmental +review. Permitting requirements may be appropriately minimized and +streamlined so as to promote reasonable development while avoiding +unnecessary costs. + + Thank you for the opportunity to testify. + + ______ + + + Question Submitted for the Record by Rep. Cunningham to Tony + Willardson, Executive Director of the Western States Water Council + Question 1. This is an issue that is particularly relevant to the +folks of South Carolina's 1st District. Down in my district you've got +the Ashley River and the Cooper River coming together to form the +Charleston Harbor before discharging into the Atlantic Ocean. My +district is among the East Coast's most vulnerable areas when it comes +to rising sea levels. The lack of infrastructure and drainage systems +to handle the uncompromising sea level rise often puts our community +under water. It also leads to habitat loss, seawater encroachment, +flooding, and a loss of water quality. Scientists expect climate change +to increase the frequency of very heavy precipitation events. In my +home state of South Carolina, they say that ``When it rains, it floods +in Charleston.'' A recent study showed that Charleston is one of the +most at-risk cities in the United States, and they predict that +Charleston could be underwater in 80 years. This is a very important +issue that doesn't just affect Colorado or the western United States, +it affects all of us. + + What emerging technologies and management approaches can +communities implement that will help them manage increasingly +unpredictable precipitation and flood conditions? + + Answer. Thank you for the question Rep. Cunningham. + + Each individual state is unique, and South Carolina faces its own +particular challenges. While as a region, the West is generally more +concerned with scarcity, drought and water supply availability, we are +also vulnerable to flooding and other unpredictable climate extremes. +Sea level rise and its impact on coastal communities is obviously an +issue for our West Coast states, and Texas on the Gulf of Mexico. In +order to improve our resiliency to climate variations, there are both +short- and long-term actions that the Council supports focused on an +integrate, collaborative and grassroots approach that will require +stronger collaboration and cooperation that transcends political and +geographic boundaries between states, Federal agencies, tribes, and +local communities. + First, we need to invest more to maintain, restore, modernize and +upgrade water, weather and climate observation networks. We need to be +able to better define the problems, which requires placing a high +priority on funding vital water data monitoring and visualization +programs, and related geospatial applications for climate adaptation +planning. Critical Federal on-the-ground and remote sensing programs +include the U.S. Geological Survey's Streamflow Information Program and +the National Land Imaging Program (and Landsat). The National Oceanic +and Atmospheric Administration (NOAA) uses Light Detection and Ranging +(LiDAR), often from aircraft, to gather topographical data supporting +activities such as inundation and storm surge modeling, hydrodynamic +modeling, sediment transport modeling, shoreline and habitat mapping, +emergency response, hydrographic surveying and coastal vulnerability +analysis. NOAA has also developed and is refining its National Water +Model, which is primarily designed to predict flooding. Better data and +science will lead to better decisions, and hopefully allow public and +private decision makers to take more informed actions to avoid and/or +mitigate adverse consequences. + Second, the Council supports state and Federal applied research +programs that would assist water and emergency management agencies at +all levels of government in adapting to climate variability and making +sound scientific decisions. More informed decision making depends on +our ability to understand, monitor, predict, and adapt to climate +variability. The West and the Nation experience great sub-seasonal, +seasonal and annual precipitation variability. Decision makers need +more skilled dynamical and probabilistic modeling to better understand +hydroclimate processes and improve forecasts of rainfall and runoff. +This involves a greater investment in atmospheric and other sciences, +as well as high-capacity computing resources for timely and multiple +runs of very complex models. + Third, the West and the Nation depend on an intricate and aging +water infrastructure system. Greater investment is needed to maintain +its reliability and our ability to store, manage, conserve, control, +protect and treat our water supplies. As our ability to predict +precipitation events improves, particularly extreme events, +opportunities will become apparent to implement forecast informed +reservoir operations (FIRO) with more confidence to more efficiently +operate projects and time reservoir releases to maximize storage for +both water supply and flood protection. + Many water projects have exceeded their design life, and others +have deteriorated due to underfunded and deferred maintenance, repair +and replacement. Inadequate, inconsistent, and untimely Federal funding +increases construction, maintenance and financing costs. Often the lack +of a dedicated revenue stream raises costs. Moreover, Federal budget +scoring assesses the full cost of investments upfront, while +disproportionately discounting long-term benefits. + Existing Federal, state and local programs to publicly finance +water infrastructure are crucial, but insufficient. The Federal +Government will continue to play a significant role in cost sharing and +financing projects with national benefits. Further, opportunities also +exist to leverage Federal, non-Federal and private capital through +grants, loans and credit enhancements. + Long-term difficult decisions and expensive investments may be +necessary to adapt to climate variability and extreme events related to +sea level rise. Speaking from personal experience, my home state of +Utah is obviously not susceptible to sea level rise, but much of our +population is located along the Wasatch Front, adjacent to the Great +Salt Lake. A terminal lake, its levels have dropped to the point that +it isn't so great--as a result of multiple years of drought! However, +in the 1980s the lake rose unrelentingly due to unusually wet weather +patterns. I remember volunteering to fill sand bags on a Sunday night +at midnight, and for days water ran in a makeshift channel through +downtown Salt Lake City. That year there was also significant damage to +the spillway outlets at the Federal Glen Canyon Dam as Upper Basin +flows on the Colorado River peaked. + In response to the flooding and rising lake levels, communities +around the lake seriously considered the need to dike around their +sewage treatment plants. Salt Lake City improved its storm drain +system. The state of Utah with Federal funding raised I-80 near the +lake, not once, but twice. The state also built a pumping plant to move +lake water into our West Desert to evaporate. The Corps of Engineers +completed a long-delayed flood control reservoir above the city, +Mountain Dell. The Bureau of Reclamation redesigned and rebuilt the +outlets at Glen Canyon. Similar measures are likely to be needed across +the country as we adapt to changing climate conditions and increasing +variability. + + ______ + + + Mr. Huffman. Thank you, Mr. Willardson. Next we recognize +Mr. Bill Diedrich, who will be testifying on behalf of the +Family Farm Alliance. + Thank you for being here, Mr. Diedrich. The Chair +recognizes you for 5 minutes. + + STATEMENT OF BILL DIEDRICH, FAMILY FARM ALLIANCE, LOS BANOS, + CALIFORNIA + + Mr. Diedrich. Good morning, Chairman Huffman, Ranking +Member McClintock, and members of the Subcommittee. My name is +Bill Diedrich. On behalf of the Family Farm Alliance, I thank +you for this opportunity to present this testimony on +reliability of water supplies in the western United States. + I am a fourth-generation California farmer, and I cherish +the role that sustainable, irrigated agriculture plays in +producing safe and affordable food supply. Those of us who +understand say we have dirt in our veins. My written testimony +illustrates the problems the western farmers and ranchers face, +in terms of water supply reliability. The testimony outlines +what producers like me and others across the West are doing to +address these challenges, and it provides policy +recommendations that we believe lay the foundation for more +effectively addressing water supply reliability in the western +United States. + The most helpful thing that Congress can do for states +suffering from unreliable water supply is to urge creativity, +innovation, and flexibility on the part of Federal water +management and regulatory agencies. + My state of California is still recovering from the 2012- +2016 drought, the worst drought in its recorded history. Record +dry conditions, coupled with water supply reductions related to +regulatory actions and aging water infrastructure, resulted in +water supply reductions or constraints for all beneficial uses +of water in California. + During the height of recent drought, for 3 years in a row, +many agricultural water users effectively received no +allocations at all from the Federal Central Valley Project, one +of the largest irrigation water projects in the world. These +challenges continue, despite recent and continued +precipitation. As of last week, nearly every reservoir in +California is at or over its historical average for this time +of year. Still, CVP farmers south of the delta were given an +initial allocation of only 35 percent of their contract +amounts. + What this means is that California has plentiful snow, +plentiful rain, and nearly adequate reservoir levels. Yet, at +this time the San Joaquin Valley CVP Ag. water service +contractor irrigators are likely to receive less than half of +their contracted water supplies when the final allocations are +made. These initial allocation numbers are critical to making +crop planting decisions. + California's groundwater resources are an overdraft, and +the drought has made this worse. The Sustainable Groundwater +Management Act passed by the state of California in 2014 will +become fully implemented and begin the process of eliminating +this overdraft by 2040. + There are only two ways to achieve this: increase supply or +reduce demand. This will magnify the surface water shortfall +and jeopardize the safe and affordable food supply produced in +the Central Valley of California. This groundwater depletion +has occurred in the San Joaquin Valley, predominantly as a +result of reduction in reliability of surface water supplies. + The recent and current water crisis in California provides +a real-world sense of the types of challenges western +irrigators face in times of reduced water supply reliability. +These include competition for scarce water supplies, +insufficient water infrastructure, growing populations, +endangered species, and increased climate variability. + Water management in the West is becoming increasingly +complex and inflexible. Water managed for environment is not +held to an equal standard of accountability as other beneficial +uses. The Federal Endangered Species Act needs to be +implemented in a multi-faceted way across agencies to better +benefit species, the environment, and rural communities. +Considering increased climate variability and competing needs, +it is obvious the western water storage capacity is +insufficient. + Given these challenges, in order to secure future water +supply reliability, we must depend on collaborative, science- +based water management decisions; increase our investments in +water infrastructure; and diversify our water portfolio, +including water recycling, conservation, reservoir +optimization, and weather forecasting technologies. What works +for one region doesn't work for all. + Thank you, and I would stand for any questions members of +the Subcommittee have. Thank you. + + [The prepared statement of Mr. Diedrich follows:] + Prepared Statement of William Diedrich, representing The Family Farm + Alliance + Good morning Chairman Huffman, Ranking Member McClintock, and +members of the Subcommittee. My name is William Diedrich, and on behalf +of the Family Farm Alliance (Alliance), I thank you for this +opportunity to present this testimony on a matter of critical +importance to our membership: the reliability of water supplies in the +western United States. The Alliance is a grassroots organization of +family farmers, ranchers, irrigation districts, and allied industries +in 16 western states. The Alliance is focused on one mission: To ensure +the availability of reliable, affordable irrigation water supplies to +western farmers and ranchers. We are also committed to the fundamental +proposition that western irrigated agriculture must be preserved and +protected for a host of economic, sociological, environmental, and +national security reasons--many of which are often overlooked in the +context of other national policy decisions. + The Family Farm Alliance has a long history of collaboration with +partners in all levels of government, conservation and energy +organizations, and Native American tribal interests who seek real +solutions to water resources challenges in the West. We seek to +advocate for a proper role for the Federal Government on water matters, +a vision that focuses on research and development; full integration, +coordination and maximum sustainable use of resources; and planning +that is driven from the ``ground up.'' The Alliance also has a well- +established relationship with Congress, with 70 invitations to testify +before congressional committees on Western agriculture, water and +environmental matters in the past decade. + This testimony will illustrate the problems Western farmers and +ranchers face in terms of water supply reliability, outline what +producers like me and other Westerners are doing to address these +challenges, and provide policy recommendations that we believe lay the +foundation for effectively addressing water supply reliability in the +western United States. + personal background + I am a fourth-generation California Central Valley farmer and I +appreciate the role of a sustainable irrigated agriculture industry. I +have also been very involved in water issues and see the importance of +reliable water for the many important needs that exist. At my core, I +am a Californian and an American, and I believe the health of our +communities, our ecosystems and our farmers and ranchers are directly +related to our prosperity as a state and a Nation. Water shortages +affect all sectors of the Western economy, creating problems for cities +and towns, manufacturers, builders, service providers, and individual +citizens that are just as challenging as the difficulties faced by +farmers and ranchers. The environment, too, is stressed by water +shortages. In many areas of the West, we see fish and wildlife, +plentiful or endangered, struggling to adapt and survive in extremely +harsh conditions during times of drought. + Water connects us all--farms, cities and the environment--and while +decreased water supply reliability presents unique problems for each +sector, our solutions should be interconnected and mutually +beneficial--not divisive. That requires a willingness of all parties, +including Federal agencies, to be creative and flexible. That is +happening in some places. In other places, it's not. The most helpful +thing that Congress can do for states suffering from a lack of water +supply reliability is to encourage, demand, and even mandate, where +necessary, creativity, innovation and flexibility on the part of +Federal water management and regulatory agencies. + The Family Farm Alliance is an organization made up of farmers and +ranchers in the West, but the water shortage problems we all face vary +by region, topography, climate, soil conditions, hydrology, and crop. +These problems have some elements in common, including inadequate or +deteriorating water storage infrastructure, inflexible or outdated +operational requirements and regulatory conditions, and government +agencies that are not nimble enough, or not motivated, to seek out and +embrace better ways of doing things to ensure the most benefit for the +broadest suite of public interests. Solutions also vary by state or by +region, but they, too, are characterized by certain common elements, +including creativity, flexibility and balance. I will discuss water +supply reliability issues in a few different areas of the West, as well +as some examples of successful solutions and potential solutions. Since +I'm from California, I'll begin there. + recovering from the 2012-2016 california drought + California is still recovering from the 2012-2016 drought, the +worst drought in its recorded history. Record dry conditions, coupled +with water supply reductions related to regulatory actions and aging +water storage and conveyance infrastructure, resulted in water supply +reductions or constraints for most sectors in California. In 2014, vast +areas of farm land in the San Joaquin and Sacramento Valleys received +no surface water at all--a 100 percent reduction. Those same areas were +again zero-ed out in 2015. Overall, agricultural water supplies in the +Central Valley have had their reliability reduced by 65 percent since +1992. During the drought, nearly 75 percent of the state's irrigated +farm land (7 million acres), received 20 percent or less of its normal +surface water supply and according to the California Department of +Water Resources (DWR), nearly 692,000 acres of farmland were fallowed +in 2014 as a result of water shortages. + During the height of the recent drought, for 2 years in a row, many +agricultural water users received no allocations at all from the +Federal Central Valley Project (CVP), one of the largest water projects +in the world. Table 1 shows the CVP allocations from 2014-2016. In both +2014 and 2015 no surface water supplies were allocated to water users +on the Tehama-Colusa Canal, and in the San Luis Unit and Friant +Division of the CVP. Settlement contractors, primarily agricultural +water users, have water rights that pre-date the Federal project, +making them priority rights on the system, yet even allocations to +those senior water rights holders were reduced during the drought. + + Table 1. Central Valley Project Water Allocations (2014, 2015 & 2016) +[GRAPHIC NOT AVAILABLE IN TIFF FORMAT] + + +SOURCE: BUREAU OF RECLAMATION 2019 + + Almost as large as the Federal CVP, California's State Water +Project (SWP) cut agricultural deliveries by 80 percent in 2015. + In most areas where surface water supplies were severely reduced or +eliminated, farmers turned to groundwater to maintain their permanent +crops--grapes, tree fruits, nuts, citrus--that represent a lifetime's +investment. But groundwater supplies are not infinite and were severely +depleted during the drought in areas that received no surface water. +Groundwater also isn't cheap. Wells cost upwards of $200,000 each and +they are expensive to run, so many farmers pump only enough water to +keep their trees alive, but not producing. Often, farmers tear out +mature, productive trees and vines and replace them with saplings that +won't produce a crop for years, but require far less water to keep +alive in challenging conditions. And in some places like the citrus +belt in the Friant Division of the CVP, there is no groundwater at all. +The many small farms there, which produce most of the Nation's oranges, +had their surface water cut off for the first time in 60 years in 2014 +and 2015. + Many of my neighbors in 2014 and 2015 were forced to abandon or +fallow portions of their farms. When one hears that land is +``fallowed'' it might only seem that the impact is to the farmer, but +that is definitely not the case. Every acre of farmed land generates +jobs, economic activity and products. That is why the reduction in the +water supply reliability of the CVP is so devastating to the rural +agricultural communities of the Central Valley. + For every acre fallowed, workers have less work and tractors are +used less. If I use my tractor less, I buy less fuel, lubricants and +parts and tires, which means the local businesses that supply these +things sell less and their companies suffer. When I don't purchase +inputs for the land (fertilizer, seeds, amendments, etc.), the local +companies that sell these items suffer reduced sales and the truck +drivers who deliver these items have less work. With fewer trucks +running fewer routes, fuel and parts purchases are reduced. If that one +fallowed acre was intended to be a tomato field, those tomatoes would +not be trucked to market or the processing plant. + As you can see, there is a direct interconnection between +agriculture and many other industries. Press reports will acknowledge +that California agriculture is a $50 billion industry, but then attempt +to minimize this impact by suggesting that it is ``only'' 2 percent of +the GDP of the state. The oft-reported $50 billion number is only the +farm gate value of the products. It does not include all the other +industries that benefit from the trucking and processing of the +agricultural products (and all the fuel, parts, etc., from the +activities). Clearly, agriculture is a huge economic driver for my +state, particularly in rural communities. A report by the University of +California shows that the food and beverage industry contributed $82 +billion and 760,000 jobs that are directly and indirectly linked to +agricultural products.\1\ +--------------------------------------------------------------------------- + \1\ http://giannini.ucop.edu/media/are-update/files/articles/ +V18N4_3.pdf. +--------------------------------------------------------------------------- + This is a very concerning time for me, my family, and my neighbors, +since substantial investments are being made, primarily with the intent +of converting more of our operation to drip irrigation, which we hope +will stretch limited water supplies. This conversion creates an +electrical demand as we move from gravity irrigation to pressurized +subsurface irrigation. My friend Cannon Michael, who serves on the +Family Farm Alliance board of directors, recently installed 1 megawatt +of solar panels to offset the impact of the power cost needed to +support his drip irrigation conversion. Those investments will be for +naught if the current lack of reliability for surface water deliveries +persists into the future and there is no water to conserve or use for +groundwater recharge. + My fellow California farmers are doing their best to offset the +devastating loss of water. For example, producers have been forced to +buy water, when available, from other sources. In certain instances, +farmers had no choice but to buy water at a rate more than 25 times +what they normally would pay. In the absence of once reliable surface +water supplies, California farmers have looked to groundwater, where +available, which is not sustainable. Central Valley producers have been +trying to get ahead of a much feared, but anticipated, drought for +years. Notably, they've spent about $3 billion to install more +efficient irrigation systems on almost 2.5 million acres from 2003 to +2013, according to information compiled by the California Farm Water +Coalition. These investments will continue as farmers strive to stretch +and most efficiently manage their water supply. + california drought: myth vs. reality + Here are some facts that are often overlooked in media coverage of +the recent California drought: + +California agriculture grows more than 50 percent of + America's fresh fruits, nuts and vegetables across 78,000 + farms, 400 crops and 450,000 jobs. California's value of + agricultural output was $50 billion in 2017.\2\ +--------------------------------------------------------------------------- + \2\ California Department of Food and Agriculture, Gianinni +Foundation of Agricultural Economics--University of California, USDA, +Assembly Committee on Jobs, Economic Development and the Economy. + + California is the country's largest agricultural producer + and exporter. Agricultural products were one of + California's top 5 exports in 2017, totaling $20.6 billion, + over 14.6 percent of total U.S. agricultural exports.\3\ +--------------------------------------------------------------------------- + \3\ California Department of Food and Agriculture, California +Agricultural Statistical Review, 2017-2018. + + Crop production per acre-foot of water rose 43 percent in + California between 1967 and 2010.\4\ +--------------------------------------------------------------------------- + \4\ USDA National Agricultural Statistics Service, California +Department of Water Resources. + + Some media accounts continue to advance the decades-old myth that +farmers consume 80 percent of water supplies in California and other +parts of the West. But if we look at the ``water footprint'' in the +same way as we have come to talk about the ``carbon footprint,'' we get +a different picture, particularly in California. Numbers from the +California DWR provide perspective. According to the Department, +statewide water use breaks down as follows: 10 percent urban use; 41 +percent agricultural use and 49 percent use for environmental +management: wetlands, Delta outflow, wild and scenic designations, and +instream flow requirements. + We should also recognize that farms transform water into products +that are needed to sustain the lives of our entire population. We are +all part of ``agricultural water use'' every day--multiple times per +day. + Others in the media suggested that the shift toward higher value +crops like nuts and wine grapes have led to an increase in agricultural +water use. During the 2014-2015 drought years, almonds were the +preferred target of these reports. But according to California DWR, the +total amount of agricultural water use has held steady since 2000 and +has actually declined over the longer term. + the california water reliability crisis + California has an incredibly diverse and variable climate, with +precipitation and snowpack totals varying widely from year to year, +with runoff totals ranging from a high of 52,830,000 acre-feet in 1983 +to the lowest recorded runoff of 6,170,000 acre-feet in the driest +individual year of 1977. While California has natural variability in +precipitation and snowpack, water allocations to CVP contractors have +been disconnected from water year types, predominantly resulting from +increased requirements for environmental water deliveries. This year is +a good example of the increasing disconnect between the amount of +actual water that California receives each year and the ability of the +Bureau of Reclamation (Reclamation) to operate the CVP and allocate +water to its contractors in a fashion that reflects the actual +hydrology. + As of February 22, 2019, nearly every reservoir in California is at +or over its historical average for this time of year, snow water +content is 115 percent of the April 1 peak, and precipitation is 120 +percent of average, but just last week, south of Delta CVP agricultural +service contractors received an initial allocation of only 35 percent +of their contract amounts. What this means is that California has +plentiful snow, plentiful rain, and nearly full reservoirs, yet San +Joaquin Valley irrigators are likely to receive less than 50 percent of +their contracted water supplies when the final allocations are made. In +order to make decisions about planting crops, a farmer must consider +the water available to grow the crop. Thus, the initial allocation +numbers are critical. Even if the allocation increases in future +months, it will be past the time when a farmer must make their decision +to plant. +Future Projections + The Sacramento and San Joaquin Rivers Basin Study released by +Reclamation indicates that throughout the 21st century, temperatures +are projected to increase, snowpack will likely decline and snowpack +elevation levels will rise, precipitation will increase during fall and +winter months, and spring runoff will decrease. These factors will +exacerbate the existing imbalance between the demands in these river +basins and the ability to deliver reliable water supplies to +communities and ecosystems that rely on them. The result of these +changes, coupled with expected population growth and changes in land +use, is an average annual unmet water demand for CVP contractors that +is expected to range between 2.7 million and 8.2 million acre-feet per +year, with most of the unmet demands occurring south of the Bay- +Delta.\5\ +--------------------------------------------------------------------------- + \5\ https://www.doi.gov/sites/doi.gov/files/uploads/ +sec_order_no._3343_cal_water_0.pdf. +--------------------------------------------------------------------------- +Groundwater + Groundwater is a critically important part of California's water +supply, accounting for 40 percent of total annual agricultural and +urban water uses statewide in an average year, and up to 65 percent or +more in drought years. About three-quarters of the state's residents-- +around 30 million people--depend on groundwater for at least a portion +of their water supply; for 6 million residents, it is their only +supply. + California DWR estimates that on average, 2,000,000 acre-feet is +withdrawn from the state's aquifers per year more than what is being +recharged, and much more so during periods of drought. This is nothing +new; scientists estimate that since California's development in the +late 1800s, the state's groundwater reserves have been reduced by +125,000,000 acre-feet, or 4.5 times the capacity of Lake Mead. Most of +this groundwater depletion has occurred in the San Joaquin Valley, +predominantly as a result of a reduction in the reliability of surface +water supplies. + key challenges facing western irrigators + The key challenges Western irrigators face in times of reduced +water supply reliability include competition for scarce water supplies, +insufficient water infrastructure, growing populations, endangered +species and increasing weather variability/climate change. Across the +West, several key water policy challenges stand out: +Water management in the West is becoming increasingly complex and + inflexible + We need a new way of looking at how we manage our limited water +resources, one that includes a broader view of how water is used, along +with consideration of population growth, food production and habitat +needs. The goal should be to integrate food production and conservation +practices into water management decision making and water use +priorities, creating a more holistic view of water management for +multiple uses. We must begin to plan now in order to hold intact +current options. Planning must allow for flexibility and consider all +needs, not just focus on meeting future needs from population growth. + In many parts of the West, litigation stemming from citizen suit +provisions of environmental laws including the ESA and Clean Water Act +(CWA) is producing Federal court decisions (or court approved +``settlements'') that direct Federal agency ``management'' of state +water resources. Congress should recognize that this type of litigation +and resulting settlements can actually harm the overall health and +resilience of landscapes and watersheds by focusing on single species +management under the ESA. We should seek solutions that reflect a +philosophy that the best decisions on water issues take place at the +state and local level. Finding ways to incentivize landowners to make +the ESA work is far more preferable than the ESA being used as a means +of ``protecting'' a single species (such as the Sacramento-San Joaquin +River Delta smelt in California, or the spotted frog, in Oregon) +without regard for other impacts, including those on other non-listed +or state-listed species. + Droughts occur routinely in the West; that is why Reclamation made +such important investments in water supply infrastructure over the past +century. However, this infrastructure was never designed to meet the +burgeoning demands of growing populations and environmental needs in +the West, while continuing to support farmers, ranchers and rural +communities during periodic droughts. Unfortunately, future droughts in +the West are predicted to be deeper and longer than we have +historically experienced in the 20th century. We believe Congress +should provide Federal agencies with more flexibility under +environmental laws and water management regulations to respond to +drought conditions when they arise. And where such flexibility +currently exists, Congress should demand that agencies use it promptly +and with a minimum of bureaucratic delay. + As one example of where innovation, flexibility and creativity are +needed, the U.S. Army Corps of Engineers (Corps) operates dozens of +water projects throughout the West, and it regulates the operations of +many non-Federal dam and reservoir projects according to criteria that +in many cases were established decades ago and have not been updated to +reflect changed conditions or new technology. As a result, projects are +sometimes forced to waste large amounts of water in order to adhere to +the letter of a flood-control plan that no longer has a basis in +reality. The Corps now has existing authority to make short-term +adjustments to operation criteria during droughts, but the agency +rarely does so on a proactive basis. +Environmental water management should be held to an equal standard of + accountability as other beneficial uses + We must manage water to meet all needs but in a manner that +``shares the pain,'' not creates winners and losers, especially when +the losers are mostly the very beneficiaries--farmers and rural +communities--the Federal water projects were originally built to serve. +The past Federal management of water flows in California's Bay-Delta, +which has redirected millions of acre feet of water away from human +uses and toward the environment, with little, if any, documented +benefit to the ESA-listed fish intended for protection, is a prime +example. + Good water management requires flexibility, as well as adaptive +management. More regulation usually reduces this flexibility to balance +competing demands and find a way forward that works for all +stakeholders. Federal agencies managing the competing demands for water +in the West have in some cases failed in creating opportunities for +more flexible water management during times of crisis, and rarely +measure their actual results (good or bad) from their water supply +decisions. +The ESA needs to be implemented in a new way to better benefit species + and rural communities + The original intent of the ESA--stated in the Act itself--was to +encourage ``the states and other interested parties, through Federal +financial assistance and a system of incentives, to develop and +maintain conservation programs which meet national and international +standards.'' Of special importance to the Family Farm Alliance is that +the ESA explicitly declared that it was the policy of Congress that +``Federal agencies shall cooperate with state and local agencies to +resolve water resource issues in concert with conservation of +endangered species.'' + The authors of the ESA clearly believed in applying the ESA in a +way that would foster collaboration and efficiency of program delivery, +in an incentive-driven manner. Unfortunately, implementation of the ESA +has developed into an approach that is driven by litigation and +conflict rather than collaboration. As far as the Act itself is +concerned, little to no progress has occurred to keep this 40-year-old +law in step with the challenges facing declining species in an era of +climate change. The ESA has not been substantially updated since 1988. + At the heart of the Family Farm Alliance's concerns with the ESA is +the ever-present potential of serious Federal restrictions being placed +on the West's irrigation water storage and delivery activities, often +using federally developed water infrastructure in protecting listed +species. Future endangered species listings are on the horizon. That +prospect has the Alliance very concerned about potential new Federal +restrictions being placed on the water supplies that are crucial to the +West's $172-billion per year irrigated agricultural economy. + The ESA, while well intentioned, is a law that is not working as it +was originally intended. It needs to be more about incentives and +collaboration and less about litigation and regulation. Fewer than 2 +percent of the species ever listed under the Act have been recovered +and removed from the list. Meanwhile, the negative economic and +sociologic impacts of the ESA have been dramatic. + The Family Farm Alliance for decades has worked to develop +specific, practical changes to the ESA that we think will make it work +effectively today. Application of the ESA today must be viewed through +the prism of other human needs, including food production. To that end, +management of our natural resources should be geared toward an approach +that views the entire landscape in a more holistic manner regarding its +value for wildlife, food production, and other capacities. The +flexibility built into the Act has the potential to yield net +conservation benefits for imperiled species, as ESA practitioners have +recognized.\6\ While a regulatory approach may be necessary for species +on the brink of extinction, such an approach should be employed +sparingly, consistent with congressional intent and sound public +policy. +--------------------------------------------------------------------------- + \6\ P. Henson, R. White, and S.P. Thompson. 2018. Improving +Implementation of the Endangered Species Act: Finding Common Ground +Through Common Sense, BioScience (available at https://doi.org/10.1093/ +biosci/biy093). +--------------------------------------------------------------------------- +Insufficient Storage and Aging Water Infrastructure Must be Addressed + to Protect Future Water Supply Reliability + More surface and groundwater storage is a critical piece of the +solution to future water shortfalls. Congress should streamline +regulatory hurdles and work to facilitate the construction of new and +expanded surface storage facilities, providing a more effective process +to move water storage projects forward. + Also, new tools to assist in financing major improvements to aging +water infrastructure will be needed in the coming years to ensure that +farmers and ranchers who benefit from these upgrades can afford +repayment terms. Water infrastructure is a long-term investment, as are +farms and ranches, and longer repayment and lower interest terms will +be crucial to reinvesting in these aging facilities to meet the +challenges of tomorrow. Such improvements could include investments in +everything from new and expanded water storage reservoirs (both on- and +off-stream), regulating reservoirs, canal lining, computerized water +management and delivery systems, real-time monitoring of ecosystem +functions and river flows for both fish and people, and watershed-based +integrated regional water management. With the creation of the Water +Infrastructure Finance and Innovation Act (WIFIA) in the WRRDA 2014, +the Alliance believes a similar affordable loan program could be +instituted at Reclamation to assist in providing capital for such +investments. Also, more flexibility may be needed to allow for private +investments at Reclamation facilities in order to attract additional +capital to meet future water supply needs. + Western irrigators need flexible, streamlined policies and new +affordable financing tools that can provide balance and certainty to +support collaborative efforts and manage future water infrastructure +challenges. Solutions in all of these areas will be crucial to future +successes in agricultural production, conservation and community +outcomes in the West. + innovative solutions + For family farmers and ranchers, finding solutions to constantly +emerging challenges is just business as usual. Nature, the markets and +the government are always finding new problems to throw at farmers, and +farmers who are not determined, resourceful and innovative will not +succeed. + Irrigators and their local water agencies are responding to the +challenges of reduced water supply reliability with determination, +resourcefulness and innovation. They also are bringing those attributes +to bear in planning for a future where ``drought'' may be a long-term +or even permanent condition. Throughout the West, farmers, ranchers and +irrigation agencies have undertaken creative measures to efficiently +manage increasingly scarce water resources. Some of these actions were +intended to address the immediate crisis of recent western droughts; +others have been implemented as part of the broad portfolio of actions +that successful farmers are employing to stay profitable in today's +fierce economic and regulatory climate. If Federal agencies are willing +to work collaboratively with farmers and ranchers, the result would +likely be better management of water for both economic purposes and +environmental uses. + The following are real-world examples that Congress and the +Administration should consider when developing legislation and polices +to address the current drought and water management for the future: + +Collaboration, Ecosystem Restoration, and New Storage: Yakima Basin + (Washington) + + The Yakima River Basin in Washington State does not have enough +surface water storage facilities, with over 2.4 million-acre feet of +water needs annually dependent upon only 1 million acre-feet of surface +water storage capacity. The Yakima Basin is experiencing increased +pressures and demands on our 1 million acre-feet of reservoir storage +capacity, while we are now at above average carryover water storage, +current water storage capacity cannot make up for shortages in the snow +pack. They desperately need increased water storage carrying capacity +to meet dry-year demands like those we experienced in 2015, with pro- +ratable (junior) water rights receiving only 47 percent of normal +supplies--a dire situation for the significant number of permanent +crops in the Basin. + + To help plan for expanding access to more irrigation and M&I water +storage capacity and to help relieve tensions in the Yakima Basin over +water supply management for all needs, a large cross-section of the +water stakeholder interests and the Yakama Nation have worked together +over the past several years in developing the Yakima Basin Integrated +Plan. The Integrated Plan is a well thought out, long-term +comprehensive set of solutions to restore ecosystem functions and fish +habitat and improve long-term reliability of water supplies for stream +flows, agricultural irrigation and municipal supply. The Integrated +Plan was developed in a public, collaborative process involving local, +state, Federal and tribal governments plus stakeholders representing +environmental, irrigation and business interests. The consensus +achieved by this diverse group represents a major and unprecedented +accomplishment for the Yakima Basin and for water management in the +western United States. The Integrated Plan offers a means to avoid a +tangle of litigation and hardship for these users in future years. The +Yakima Basin Integrated Plan is believed to be the first basin-wide +integrated plan in the United States to achieve this level of success. + + Prior efforts to increase water storage in the Yakima Basin have +failed, in part due to a lack of consensus among the key stakeholders. +The Integrated Plan offers the best opportunity in decades to resolve +long-standing problems afflicting the Basin's ecosystem and economy. In +addition, improving water conservation and management, along with +making available increased water storage for farms, fish and our +communities are key components of the Plan. When implemented, the Plan +will greatly improve operational flexibility to support instream flows +while meeting the Basin's basic water supply needs under a wide range +of seasonal and annual snowpack and runoff conditions, both now and +under a wide range of estimated future hydrologic and climatic +conditions. + +Long-term Environmental Enhancement and Water Supply Reliability: + Voluntary Settlement Agreements to update the Sacramento San + Joaquin Bay-Delta Water Quality Control Plan (California) + + The California State Water Resources Control Board (SWRCB) oversees +water rights and water quality in California. The Board is in process +of updating its Bay Delta Water Quality Control Plan, which identifies +beneficial uses of the Bay-Delta, water quality objectives for the +reasonable protection of those beneficial uses, and a program of +implementation for achieving those objectives. + + The U.S. Department of the Interior, the California Natural +Resources Agency, and water rights holders throughout California are +working on a separate but related effort to craft voluntary, +stakeholder-based outcomes in the watersheds of the Sacramento River +and major San Joaquin River tributaries. These voluntary settlement +agreements (VSAs) are a comprehensive plan to improve water quality and +habitat conditions with a manageable impact to water users and +highlight the positive outcomes that can occur when agencies choose to +collaborate with water users. Implementation of the VSAs will maintain +the viability of native fishes in the Sacramento and San Joaquin River +watersheds and the Delta ecosystem, while concurrently protecting and +enhancing water supply reliability, consistent with the statutory +requirement of providing reasonable protection for all beneficial uses. + The VSA's have a few key components: \7\ +--------------------------------------------------------------------------- + \7\ Framework Proposal for Voluntary Agreements to Update and +Implement the Bay-Delta Water Quality Control Plan (https:// +water.ca.gov/-/media/DWR-Website/Web-Pages/Blogs/Voluntary-Settlement- +Agreement-Meeting-Materials-Dec-12-2018-DWR-CDFW-CNRA.pdf). + + Provide additional instream flows averaging between + 740,000 and 1,040,000 acre-feet in a manner that does not + conflict with groundwater management requirements under + California law, doesn't reduce flows for wildlife refuges, + and maintains reliability of water supply for other +--------------------------------------------------------------------------- + beneficial uses. + + Implementation of significant non-flow measures to address + the many factors negatively impacting fish populations, + including predation by non-native species, passage + barriers, and hatchery productivity. + + The development of a comprehensive science and monitoring + program, incorporating a structured decision-making + process, to inform implementation of flow and non-flow + measures. + + Dedicated funding for implementation of science and + ecosystem and habitat improvement measures of approximately + $770 million from a per acre-foot fee placed on water + users. + + It is the Alliance's position that locally negotiated, stakeholder +driven solutions are far more durable than those driven through a +regulatory process that leads to litigation. The Alliance would urge +congressional support for Federal efforts to implement California's +Voluntary Settlement Agreements. +Conservation and Drought Resilience: Colorado River Basin + In Wyoming, ranchers Pat and Sharon O'Toole have always managed +their land with conservation in mind. Along the way, they've built +strong partnerships with Trout Unlimited, Audubon Wyoming and The +Nature Conservancy; organizations some ranchers once viewed as +adversaries. Further south, in the fertile North Fork Valley outside of +Paonia, Colorado, Harrison Topp took the leap from annual vegetable +production to perennial fruit, growing food in a region with just 15 +inches of annual average precipitation. + The Family Farm Alliance report, ``Innovations in Agricultural +Stewardship: Stories of Conservation & Drought Resilience in the Arid +West,'' \8\ focuses on these two case studies and three others that +profile producers across the Colorado River Basin and beyond who--with +curiosity, creativity and seasons of trial and error--are conserving +resources while enhancing productivity. The Alliance teamed up with the +National Young Farmers Coalition on this report with the aim of +elevating the voices of farmers and ranchers who are employing smart +solutions to build drought resilience, steward water and grow good +food. +--------------------------------------------------------------------------- + \8\ https://www.youngfarmers.org/wp-content/uploads/2015/05/NYFC- +template-FINAL_low New.pdf. +--------------------------------------------------------------------------- + Some of the farmers highlighted in the Alliance report are +integrating efficient irrigation technology with soil health to +increase both productivity and water savings. Others are navigating +conservation within constraints outside of their control, such as the +operations of the ditches which deliver water to farms. To paint a +fuller picture of the complexities and nuances of agricultural water +conservation in the West, the Alliance worked with the engineering firm +Applegate Group to create a water balance for three of the case +studies. These water balances utilize a technical, objective approach +to assess the producers' water rights, current conservation efforts, +and barriers or opportunities for future conservation. They underscore +the reality that conservation practices are different on every +operation and unique from farm to farm. + As the pressures of climate variability and drought increase, +farmers and ranchers are at the forefront of our national adaptation +strategy. Producers are coming together to help one another, but they +also need support from consumers, policy makers, scientists, and +service providers. The Alliance hopes that these case studies will +provide policy makers and other stakeholders with a more nuanced +understanding of the diversity and complexity of western agricultural +water conservation and an appreciation of what continuing to take +agricultural lands out of production might mean. +Empower Locals to Develop New Storage: Sites Joint Power Authority + (California) + Growing concerns about the delays and costs associated with the +proposed Sites off-stream reservoir project in the Sacramento Valley of +California, as well as the need for a local voice, led to the +formation, in August 2010, of the Sites Project Joint Powers Authority +(Sites JPA). The Sites JPA, which includes Sacramento Valley counties +and water districts, was formed with the stated purpose of establishing +a public entity to design, acquire, manage and operate Sites Reservoir +and related facilities to improve the operation of the state's water +system. + The Project would also provide improvements in ecosystem and water +quality conditions in the Sacramento River system and in the Bay-Delta, +as well as provide flood control and other benefits to a large area of +the state of California. The formation of local JPA's was included as a +key provision in the 2009 California Water Package Water Bond +legislation for the purposes of pursuing storage projects that could be +eligible for up to 50 percent of project funding for public benefits. + As the Sites JPA began working with the Bureau of Reclamation and +California Department of Water Resources, the JPA took a common-sense +approach. The JPA worked with Reclamation and DWR to put together +Foundational Formulation Principles. In other words, first identifying +the needs of the water operations system and then designing the project +that would meet those needs. Local project proponents envisioned a +project that would be integrated with the system they already had, and +one that would also operate effectively regardless of future +operational changes to the larger system, such as construction of new +conveyance to export water users located south of the Delta. The JPA +wanted to maximize the benefits associated with existing infrastructure +and provide as much benefit as possible to both the existing state and +Federal water projects at the lowest feasible cost. + The JPA has approached the Sites project with the goal of making +the best possible use of limited resources, and in the end, local +irrigators believe they have identified a project that is both +affordable and will provide significant benefits. The proposed project +maximizes ecosystem benefits consistent with the state water bond, +which states that at least 50 percent of the public benefit objectives +must be ecosystem improvements. Other benefits include water supply +reliability, water quality improvements, flexible hydropower +generation, more recreation benefits and increased flood damage +reduction. In short, the JPA approached the Sites project with the goal +of generating water for the environment while improving statewide water +reliability and regional sustainability in Northern California. They +believe they are achieving that goal. +Collaboration with Diverse Stakeholders: The Western Agriculture and + Conservation Coalition (WACCC) + The Family Farm Alliance sits on the Steering Committee of the +Western Agriculture and Conservation Coalition (WACC), a diverse group +of organizations that first came together a decade ago around the Farm +Bill conservation title with the goal of supporting the common +interests of agriculture and conservation. Other founding steering +committee members included Trout Unlimited, The Nature Conservancy, +California Farm Bureau, Environmental Defense Fund, Public Lands +Council, Arizona Cattle Growers Association, Wyoming Stock Growers +Association, and the Irrigation Association. The group has expanded in +recent years; for a complete list of members, go to: http:// +www.waccoalition.org/. + The WACC is becoming increasingly effective on the narrow list of +topics its members engage in, including the farm bill that Congress +passed last December, sending the compromise legislation to the +President's desk. The new farm bill includes several important +provisions--many of them driven by the WACC--that will assist Western +agricultural irrigators. The new farm bill included expanded authority +under the Environmental Quality Incentives Program (EQIP) for +irrigation districts--for the first time ever--to receive funding as +direct applicants for water conservation measures, as well as continued +eligibility as partners for conservation activities with growers. This +language was originally proposed and advocated for by the Alliance and +other WACC partners starting a decade ago. The new EQIP includes +funding for water conservation scheduling, water distribution +efficiency, soil moisture monitoring, irrigation-related structural or +other measures that conserve surface water or groundwater, including +managed aquifer recovery practices. The farm bill also provides +improved contracting for partners engaged in work with producers, which +is intended to be streamlined and made more effective under the +Regional Conservation Partnership Program. Importantly, the 2018 farm +bill preserves existing authorization structure and $50 million in +mandatory funding for the Watershed Protection and Flood Prevention +Act, a flexible and useful program utilized by Western water managers. +The demand for this program is probably at least twice as much as what +was funded, but the farm bill made this mandatory funding, which is +encouraging. + The WACC provides a core that can help policy makers and our +collective members remember that the foundation for some true, +collaborative solutions that are driven from the constructive +``center.'' The WACC shared perspective on species conservation is +rooted in our experience with practical, on-the-ground solutions that +work well for ranchers, farmers, and other landowners, as well as for +fish, wildlife and plants. Indeed, maintaining a mosaic of working +farms and ranches along with lands managed for conservation purposes, +represents the best opportunity for conserving the ecosystems upon +which species depend so that species do not decline to the point where +a listing under the ESA is warranted, and so that currently listed +species can recover. + Unless the agricultural industry and conservation come together, +the public policies and resource management strategies necessary to +maintain a viable and sustainable rural West will be impossible to +achieve. There will always be isolated instances of successful +partnerships. But, these discrete examples of success will not suffice. +The threats to a viable and sustainable rural West are numerous, +complex, and variegated. A broad and authoritative voice like that of +the WACC is needed to effectively address these threats with +collaborative solutions. The coalition's recent engagement and success +in the farm bill's conservation title is Exhibit ``A'' toward that end. + how the federal government can help + The Congress and the Federal Government certainly cannot change the +hydrology of the West, but there is a role it can play to support +family farmers and ranchers. Policy makers should understand the +following observations and principles as they develop new solutions to +the decreasing long-term reliability of western water supplies: + + State water laws, compacts and decrees must be the + foundation for dealing with shortages. + + Water use and related beneficial use data must be + accurately measured and portrayed. + + Benefits of water use must reflect all economic/societal/ + environmental impacts. + + Water conservation can help stretch water supplies, but + has its limits in certain situations (impacts to + groundwater recharge by moving away from flood irrigation). + + Public sentiment supports water remaining with irrigated + agriculture, and developing strategic water storage as + insurance against shortages. + + Technologies for water reuse and recycling are proven + effective in stretching existing supplies for urban, + environmental and other uses. + + Urban growth expansion should be contingent upon + sustainable water supplies; using irrigated agriculture as + the ``reservoir'' of water for municipal growth is not + sustainable in the long run and will permanently damage our + Nation's food supply and rural communities. + + Planning for water shortage in the West must look to the + long-term in meeting the goals of agriculture, energy, + cities, and the environment. + + A successful water shortage strategy must include a + ``portfolio'' of water supply enhancements and + improvements, such as water reuse, recycling, conservation, + water-sensitive land use planning, and water system + improvements. New infrastructure and technologies can help + stretch water for all uses. + + Temporary fallowing proposals should be approached in a + thoughtful, thorough manner only after urban, energy and + environmental users of water demonstrate a better + management of their share of the finite supply. + + Unintended consequences associated with reducing + productive agricultural land/groundwater recharge/riparian + habitat benefits should be avoided and, if unavoidable, + minimized and fully mitigated. + + We offer the following specific actions that Federal policy makers +can address in new water supply legislation: +Encourage accurate measurement and portrayal of water use and related + beneficial use data + As is often the case, what happens in California often has a ripple +effect that extends to other western states. For example, the common +misconception that ``farmers use 80 percent of the water'' is applied +by critics of irrigated agriculture in areas throughout the West. We +need to find clear and comparable ways to present these types of water +use numbers as we struggle with finding the appropriate way to +prioritize our water uses among competing demands. And, we need a solid +understanding of how water used for environmental purposes is really +benefiting the species or habitat it is intended to protect, and how to +more efficiently manage such uses for maximum benefit using less water, +the same standard to which irrigated agriculture is currently being +held. +Find ways to streamline regulatory hurdles to assist in developing new + environmentally sensitive storage projects and other necessary + infrastructure improvements + In past Congresses, several bills have been introduced that were +intended to facilitate the construction of new surface storage +facilities. Congress should work to pass legislation to increase water +storage throughout the western United States. + The President and Congress will prioritize whatever Federal funds +are available to meet existing and future water supply needs. As for +the rest of the necessary capital needed to develop and construct this +new water infrastructure, it must come either from state and local +governments or from the private sector. If the Federal Government +cannot fund the required investments, it should take meaningful steps +to provide additional incentives for non-Federal entities to fill the +void, and remove barriers to the new ways of doing business that will +be required. + The Alliance believes that the Federal Government must seriously +consider adopting a policy of supporting new projects to enhance water +supplies while encouraging state and local interests to take the lead +in the planning and implementation of those projects. Local and state +interests (see Sites JPA example above) have shown enormous creativity +in designing creative water development projects. Water agencies have +at times obtained additional Federal funding through the appropriations +process; however, Reclamation could also supplement this effort by +providing funding for local partnership agreements, especially where +Reclamation and its water contractors are identified as potential +beneficiaries. +Provide additional funding to support WaterSMART and/or other programs + that provide incentive-driven cost share money for new water + conservation projects + Small Federal investments in cost-shared, competitive grants help +irrigation districts make larger investments in water conservation and +management technologies that can help stretch water supplies to meet +unmet needs. The Secure Water Act should be reauthorized to extend +these grant programs into the future. Additionally, legislation should +be enacted to authorize Reclamation to develop or access a WIFIA-like +loan program, which would increase access to affordable, long-term, +credit-based loans to help support locally developed water projects +across the West. +Require fish and wildlife agencies to set scientifically based + priorities and be accountable in their effort to manage + environmental water + In the western United States, environmental enhancement and +mitigation programs are increasingly competing for existing sources of +water. In some instances, these actions have caused major conflicts, +costly lawsuits and delayed benefits for endangered species and the +environment. Water is far too important a resource in an era of a +changing climate to utilize it in an ineffective or inefficient manner. +Accordingly, the Alliance believes that all users of water should be +held to the same level of accountability in their water use. +Environmental interests, fish and wildlife agencies and water managers +must set scientifically based priorities and be held accountable in +their effort to manage environmental water. Legislative language that +requires fisheries agencies to demonstrate quantifiable benefits to +targeted imperiled fish species would be helpful. An institutional +structure that ensures true peer review and impartial decision making +relative to this objective would also be useful. + conclusion + California and the West need to manage water as if every year is a +drought year. We need to invest in new water storage facilities to +capture water in wet years, we need to look to innovative technology to +enhance management of water supplies and delivery and we need to +maximize the benefits from the water we have available to meet multiple +needs. The ability to measure, assess and show value for how that water +is used is incumbent on every water manager--environmental, urban and +agricultural. + It will be hard work to reach an agreement and enact legislation to +wisely manage the West's water now and in the future, but that's the +kind of work we elected you to do. Farmers work hard, and we expect +Congress to do the same. We need you--all of you, urban and rural, +Republican and Democrat--to come together and find a way to fix this +broken system, now, before it breaks us all. + Only together can we in California and the West plan and prepare +for our collective future. If we don't, we ensure only that the water +supply reliability will continue to decline. + Thank you. + + ______ + + + Mr. Huffman. Thank you, Mr. Diedrich. The Chair will now +recognize Mr. Harrison Ibach. + Mr. Ibach is President of the Humboldt Fishermen's +Marketing Association and is a commercial fisherman in my +district. + Welcome, Mr. Ibach. In my district and across the Pacific +Coast, native fisheries provide a livelihood for fishermen and +their families and are a key element of our local economy and +culture. I want to personally thank you, Mr. Ibach. I +appreciate you being here to tell this Subcommittee how drought +and water supply shortages have affected fishing communities +all along the Pacific Coast. + Welcome. You are recognized for 5 minutes. + + STATEMENT OF HARRISON IBACH, PRESIDENT, HUMBOLDT FISHERMEN'S + MARKETING ASSOCIATION, HUMBOLDT, CALIFORNIA + + Mr. Ibach. Good morning Chairman Huffman, members of the +Committee. It is good to be with you today. My name is Harrison +Ibach. I am the President of the Humboldt Fishermen's Marketing +Association, and I am the owner and captain of the fishing +vessel Oceana from which 100 percent of my income is generated. +I fish for salmon, Dungeness crab, and groundfish out of Eureka +in Northern California. I have come here today so you can hear +directly from the North Coast about the devastation that water +mismanagement has caused to my family and my community. + I am going to give you the salmon industry's perspective on +California's water resources, the ways these resources are +being managed and abused, and what Congress might do in order +to save the Central Valley from itself and assure a more +equitable use of our vital water system to benefit all of the +food producers of our state who rely on it. + Salmon are part of a cycle that nature has managed well for +millions of years. But in the last century, water mismanagement +in the West has sent our salmon into a death spiral. When I was +born, in the early 1980s, there were around 4,500 commercial +salmon fishermen in California. Today, there are fewer than 450 +who can afford the time and the financial investment to fish +for salmon each summer. It has become so bad that we have lost +90 percent of our fishery. + When King Salmon fisheries are healthy, they are an +economic powerhouse, feeding America. These fish support 23,000 +jobs in California and 11,000 in Oregon in a normal, non- +drought year. The industry serving both sport and commercial +salmon generates about $1.4 billion in economic activity by the +time you add in all the multipliers, and about half that much +again in jobs and dollars in Oregon, where as much as 60 +percent of their ocean-caught salmon originate in California's +Central Valley. + We haven't had a decent salmon season since 2013, and the +fishery hasn't been reliable since long before. Decisions at +the Federal level have a tangible impact on salmon stocks and +on our incomes. I have personally witnessed the devastating +effects of mismanagement of water. I saw the largest salmon +kill in the western United States on the Klamath River in 2002. +Up to 70,000 adult salmon died when water was diverted away +from the river for use inland. + Relaxed regulatory oversight and maximized Delta pumping +between 2003 and 2006 led to the complete closure of the salmon +fishery in 2008 and 2009. Imagine that for a second. For 2 +years straight, an entire industry was told it could not go to +work. This shutdown was a nightmare for the fishing industry. +We had to rely on Federal disaster relief to scrape by. +Fishermen don't favor handouts. We know how to work hard, and +we prefer to go to work. + In 2013, there was a good season because of the strong +salmon protections coming from the Endangered Species Act's +2009 salmon Biological Opinion and a wet spring in 2011. In the +years since, California went through the worst drought it has +had in decades. + The 2009 Biological Opinion gave salmon a break for a +couple of years. If it hadn't been implemented, the drought +would have wiped us out for good. The overwhelming success of +the 2009 Biological Opinion was short-lived due to the +stressors of the 2012-2016 drought. But now the Federal +Administration wants to erase the gains we made by installing +an even more regressive water regime than we had before 2009. +And if this Subcommittee doesn't pump the brakes and stop this +callous action, we won't have a salmon fishery. And that is the +truth. + Today's Bureau of Reclamation appears to me to be run more +like a cash faucet for irrigators than a water agency that owns +and operates storage and flood-control infrastructure. The +Bureau has recently released a Biological Assessment for a new +Central Valley Project Operations Program. According to experts +who my organizations work with, this new management regime +would be ruinous to our salmon. It would certainly bring +economic devastation to the coastal communities like mine. + Members of the Subcommittee, this Administration's war on +salmon must be stopped in its tracks. We know that water +management can make or break a fishing season and can determine +if a fisherman will be able to provide for his family. Sending +water to the ocean is not wasting it--it is an investment in +biodiversity, in the fishing industry, and our coastal +communities. The industry is looking toward our Federal and +state water managers to determine the future of salmon and our +industry. + Looking forward, the projects and standards being pursued +at the Federal level will only help push salmon and West Coast +commercial fishermen to extinction. + Honorable members of the Subcommittee, please make sure +salmon fishermen are protected so we can continue to share +nature's bounty with you and our fellow Americans. Thank you. + + [The prepared statement of Mr. Ibach follows:] + Prepared Statement of Mr. Harrison Ibach, President, Humboldt + Fishermen's Marketing Association + Good morning Chairman Huffman, members of the Committee. It's good +to be with you today. My name is Harrison Ibach, I'm the President of +the Humboldt Fishermen's Marketing Association and I'm the owner and +captain of the fishing vessel Oceana from which 100 percent of my +income is generated. I fish for salmon, Dungeness crab, and groundfish +out of Eureka in Northern California. I've come here today so you can +hear directly from the North Coast about the devastation that water +mismanagement has caused to my family and my community. I'm going to +give you the salmon industry's perspective on California's water +resources, the ways these resources are being managed and abused, and +what Congress might do in order to save the Central Valley from itself +and assure a more equitable use of our vital water system to benefit +all of the food producers of our state who rely on it. + Commercial fishing has been a noble occupation since before the +founding of this country. The ocean's bounty has been a cultural and +culinary mainstay of the West Coast for thousands of years. And in our +part of the world, salmon is king. Or at least it was. + Salmon are part of a cycle that nature has managed well for +millions of years. But in the last century, water mismanagement in the +West has sent our salmon into a death spiral. + When I was born, in the early 1980s, there were around 4,500 +commercial salmon fishermen in California. Today, there are fewer than +450 who can afford the time and financial investment to fish for salmon +each summer. It has become so bad that we've lost 90 percent of our +fishery. + When king salmon fisheries are healthy, they're an economic +powerhouse, feeding America. These fish support 23,000 jobs in +California and 11,000 in Oregon in a ``normal'' non-drought year. The +industry serving both sport and commercial salmon generates about $1.4 +billion in economic activity by the time you add in all the +multipliers, and about half that much again in jobs and dollars in +Oregon, where as much as 60 percent of their ocean caught salmon +originate in California's Central Valley. + We haven't had a decent salmon season since 2013, and the fishery +hasn't been reliable since long before. Decisions at the Federal level +have a tangible impact on salmon stocks, and on our incomes. + I have personally witnessed the devastating effects of +mismanagement of water. I saw the largest salmon kill in the western +United States on the Klamath River in 2002. Up to 70,000 adult salmon +died when water was diverted away from the river for use inland. + Relaxed regulatory oversight and maximized Delta pumping between +2003 and 2006 led to the complete closure of the salmon fishery in 2008 +and 2009. Imagine that for a second. For 2 years straight an entire +industry was told it couldn't go to work. This shutdown was a nightmare +for the fishing industry. We had to rely on Federal disaster relief to +scrape by. Fishermen don't favor handouts--we know how to work hard and +we prefer to go to work. + In 2013, there was a good season because of the strong salmon +protections coming from the Endangered Species Act's 2009 salmon +biological opinion and a wet spring in 2011. In the years since, +California went through the worst drought it's had in decades. + The 2009 Biological opinion gave salmon a break for a couple of +years. If it hadn't been implemented, the drought would have wiped us +out for good. + The overwhelming success of the 2009 Biological Opinion was short +lived due to the stressors of the 2012-2016 drought. But now, the +Federal Administration wants to erase the gains we made by installing +an even more regressive water regime than we had before 2009. And if +this Subcommittee doesn't pump the brakes and stop this callous action, +we won't have a salmon fishery. And that's the truth. + Today's Bureau of Reclamation appears to me to be run more like a +cash faucet for irrigators than a water agency that owns and operates +storage and flood control infrastructure. The Bureau has recently +released a Biological Assessment for a new Central Valley Project +operations program. According to experts who my organization works +with, this new management regime be ruinous to our salmon. It would +certainly bring economic devastation to coastal communities like mine. +Members of the Subcommittee, this Administration's war on salmon must +be stopped in its tracks. + We know that water management can make or break a fishing season +and can determine if a fisherman will be able to provide for his +family. Sending water to the ocean is not wasting it--it is an +investment in biodiversity, in the fishing industry, and our coastal +communities. The industry is looking toward our Federal and state water +managers to determine the future of salmon, and of our industry. + Looking forward, the projects and standards being pursued at the +Federal level will only help push salmon, and West Coast commercial +fishermen, to extinction. + We have a saying in California fisheries: are you here for the +salad, or are you here for the main course? Honorable members of the +Subcommittee, please make sure salmon fishermen are protected so we can +continue to share nature's bounty with you and our fellow Americans. +Thank you. + + ______ + + + Mr. Huffman. Thank you, Mr. Ibach. I thank the panel for +the testimony. I want to remind Members that Committee Rule +3(d) imposes a 5-minute limit on questions. The Chair will now +recognize Members for any questions they may wish to ask the +witnesses. + I will start by deferring to Mrs. Napolitano. + Mrs. Napolitano. Thank you, Mr. Chairman. I would first +like to introduce a letter that I sent as Chair of this +Committee on August 28, 2009 to Mr. Ken Salazar, Secretary of +the Interior, on recycled water. + I focus mostly on recycled water because in California we +are in the desert in the south of California. And we have had a +long battle with Northern California over the water. And the +spectrum is everything. There is no silver bullet to the water +wars that we have in California. However, I would like to +suggest that we refocus on making water. By making water I say +recycled water, specifically. + The letter included how to look at the establishment of a 1 +million acre-foot new water program, help farmer irrigation +efficiency, and establish a water conservation initiative for +urban and rural water districts. + That said, I understand the Committee's effort to bring it +all together. I would like to ask a few questions, Mr. +Willardson. + Title XVI has been successful in helping construct water +recycling infrastructure and is greatly underfunded. We +currently have $64 million approved by the Committee, but none +funded. There is no way to fund these projects with $50 million +a year. I introduced a bill that increased the authorization to +$500 million so we can finally start to adequately fund and +complete the approved projects. + I have heard firsthand not only from my water agencies, but +from up and down California and other states, how vital the +program is. Do you believe recycled water projects are the most +cost-effective solution to drought management or one of the +tools in the box? + And to start refocusing investments to our recycled water, +do you think an increase in Federal funding would help this +problem? + Mr. Willardson. Yes, Representative Napolitano. The Council +supports an all-of-the-above approach to diversifying our water +resources and supplies. Obviously, water reuse is something +that is being used in many areas, particularly in the +Southwest. States are making their own investments, as are +local communities. + As I mentioned, with respect to the Reclamation fund, the +current receipts are roughly $2 billion, something under that +now. We are spending about $1 billion on authorized Reclamation +programs. If all of that money were spent, we could go a long +ways to funding water reuse projects, or addressing some of the +infrastructure deferred maintenance backlog, and a number of +other projects, including rural and tribal water supply +projects. + Mrs. Napolitano. Thank you. We are working in Southern +California to limit demand for imported water, due to the +unpredictability of supply. Can you discuss the predictability +that recycled water provides and how that affects the cost in +the long run? + Mr. Willardson. Obviously, it is an area that has sometimes +been called drought-proof, in that we do have the opportunity +to reuse it over and over again. I have toured the Orange +County facility twice. The first time they wouldn't let me +drink the water. The second time I did get to try it. + It is an important area. It is not inexpensive. There are +many other areas that we have to look at. I can tell you that I +have looked at conservation early in my career, and that is not +inexpensive, either. I think it is one of many important areas +that we need to look at, particularly in Southern California. + Mrs. Napolitano. Southern California has long been the +leader in modernizing water infrastructure. The county recycles +more than 100 million gallons of water per day for irrigation +purposes. Has the farming community gone to recycling? + Mr. Willardson. I can tell you that there are a number of +opportunities to capture tailwater and to reuse that water, as +well as to move toward the appropriate use of different +qualities of water. + Northern water, I think, in Colorado, they are looking to +use wastewater that has been treated after it has been used for +municipal purposes. So, there are changes that are happening, +as well, of reuse in the agricultural community. + Mrs. Napolitano. Thank you. + Mr. Huffman. Thank you. The Chair now recognizes Ranking +Member McClintock for 5 minutes. + Mr. McClintock. Thank you. + Mr. Willardson, let me ask you this question. What is +better, abundance or scarcity? I know that sounds like a trick +question, but it is a very important one that we are exploring +with this last line of questioning. What is better, abundance +or scarcity? + Mr. Willardson. Well, obviously, we would like more water +or more money, or both. + Mr. McClintock. OK, so let me go over these figures again. +And these are from San Diego County. They come to us from the +California Energy Commission. The mean cost of surface water +storage for San Diego County was $600 per acre-foot; +groundwater storage, $737 per acre-foot; importing water, $925; +recycling, $1,500 per acre-foot; and desalination, which San +Diego has made an enormous investment in, cost them a +staggering $2,300 per acre-foot. So, desalination costs us +roughly four times what surface water storage costs in San +Diego, a very dry area of the country. + The question is, shouldn't we be focusing on the least +expensive sources of water before we put money into the most +expensive? What is better, 1 gallon of water or 4 gallons of +water? + Mr. Willardson. Well, I minored in economics. I know a +little bit about markets, enough to know I don't like macro or +micro, but I can tell you---- + Mr. McClintock. It is pretty much a rhetorical question, +because I want to go on to another question I think is also +very important. + Mr. Willardson. I would state simply that there are many +different factors that go into water cost that have to be +considered. And obviously, as an economist, we look at what are +the lower costs, but they are not always available. + Mr. McClintock. Again, my time is limited, so I want to go +on to another question for you. + We have heard that snowpacks are going to be reduced in the +future. Precipitation is going to be realized more as rain than +as snow. We are not going to be able to store precipitation as +snow in the mountains as long. Doesn't that suggest that we +need to be capturing that runoff in reservoirs, rather than +lose it to the ocean? + Mr. Willardson. Obviously, it is going to change the regime +in which we look at our water supplies. + Mr. McClintock. If we can't store it as snow, doesn't that +mean we need to store it as water? + Mr. Willardson. Surface reservoirs are one. Groundwater +recharge or other opportunities which are being used widely. + Mr. McClintock. Right, so, again, it gets back to a very +simple question--if we can't store it as snow, we have to store +it as water, or we lose it. + Mr. Diedrich, would you agree? + Mr. Diedrich. I absolutely agree. + Mr. McClintock. How about the Shasta Dam? That was built in +the 1940s. It was built to an elevation of 600 feet. It was +actually designed to be 800 feet. We can't even get a minor 20- +foot extension over decades of studies. Would that be an +appropriate policy avenue to pursue, if our objective is clean, +cheap, and abundant water? + Mr. Diedrich. I believe it would. + Mr. McClintock. Mr. Udall, what is your view of that? + Mr. Udall. I don't claim to have any particular expertise +on Shasta and the raising of its elevation. Clearly, in some +places raising existing reservoirs makes sense. Other places, +it doesn't. + Mr. McClintock. Your father thought it made sense; he is +the one who authored the 1980 legislation authorizing the +expansion of Shasta. + Mr. Willardson, my limited understanding of meteorology is +that the El Nino is actually triggered by warmer than average +temperatures in the Pacific. Doesn't that mean, if the climate +is warming, we should be expecting more precipitation overall, +not less? + Mr. Willardson. Again, I am not a climatologist, but I +would expect that that is the case. + Mr. McClintock. And, certainly, that is what we are +observing. I cited the EPA study in my opening statement. Just +within the 48 contiguous states, we have seen 17 one-hundredths +of an inch per decade of increased precipitation. Over 12 +decades, that is 2 inches of additional precipitation per year, +so it seems like we are looking at more water, not less. + The problem is how we are able to store it, transfer it as +snow in the mountains to water in our reservoirs, to transfer +it from wet years to dry years, and to transfer it from wet +regions to dry regions. + Mr. Willardson. The challenge, really, is where that water +is going to fall, and how that is going to change. And we do +not have an understanding of the dynamical earth systems to be +able to make those predictions. + Mr. McClintock. Mr. Diedrich, you testified we are at 115 +percent of snowpack right now. You are getting 35 percent of +allocations. Why the difference? + Mr. Diedrich. The difference is because of cold water being +held in Shasta for salmon, basically. + Mr. McClintock. Well, let's look at the salmon, looking at +the relative numbers for California. Agriculture produces about +$50 billion a year in direct product. The salmon industry, $88 +million. So, for every dollar that the salmon industry +produces, agriculture generates $568. Am I in the ballpark +there? + Mr. Diedrich. I believe you are. + Mr. McClintock. Great, thank you. + Mr. Huffman. The Chair now recognizes himself for 5 +minutes. + Mr. Willardson, since you were asked to respond to some +hypotheticals, let me ask you one. What is more valuable to +western states, paper water or wet water? + Mr. Willardson. Wet water. + Mr. Huffman. And does building new dams make it rain or +snow any more? + Mr. Willardson. It does not. It does provide the +opportunity to store what we do get. + Mr. Huffman. Is it fair to say that over the last century, +California and other western states have identified the most +productive sites for dams, for the most part, and built them? + Mr. Willardson. We obviously depend now on the investments +that have been made in the past, and will continue to do so. +And it has provided a lot of flexibility. + Mr. Huffman. And with respect to new surface water storage +projects, the cost estimates that you just heard for dams that +were built in the previous century, the most productive sites +that were identified and constructed, these new projects now +that are being proposed are at a much higher cost, are they +not? + Mr. Willardson. They are at a greater cost, both---- + Mr. Huffman. Mr. McClintock has cited some costs in +questioning you for recycled water and desalination, over +$1,000 an acre-foot. I will just say that the new storage +projects in California, if you back away the public subsidy, +are very much in that range. + And lest we disparage desalination and recycling, let me +just point out under the new Majority one change you see is +that we don't have these little bottled water units at every +desk, because for the last 6 years, while criticizing recycling +and desalination as too expensive, our colleagues across the +aisle thought that the taxpayer dollars should be spent on +bottled water for each Member of Congress that, if you pencil +it out, is over $3 million an acre-foot. So, perspective is +also important. + Let's go to you, Mr. Udall. Of course we would all like to +see abundance. But your testimony urged us to plan for +increased scarcity and increased volatility because of climate +change. What do you think is the most prudent baseline +assumption as we go forward and think about the infrastructure +and the policy solutions to build a resilient water supply, and +why? + Mr. Udall. The Southwest is not homogenous with regard to +future water supplies. The southern portion of the United +States and the southern portion of the Southwest clearly are +looking at hotter and drier conditions. As you go north--and I +would suggest that line might be the Colorado-Wyoming border, +maybe the middle of Colorado--we expect to see increased +precipitation. + Congressman McClintock's remarks about increased precip +globally are true, but we have regional winners and losers. And +unbelievably, we get both more floods and more droughts out of +climate change. We lose on both sides. + Mr. Huffman. Mr. Nelson, you spoke eloquently about +communities that have been impacted by water shortages in the +Central Valley. If you did away with the Endangered Species Act +and all the other environmental laws that we have heard +criticized in some of the testimony and the comments, would +that solve the problem for the communities that you represent? + Mr. Nelson. No, it wouldn't. And, in fact, we would expect +that it would make the challenge even worse. And we would say +that it is a false choice to choose between environmental +protections that in fact do protect our communities and in +making sure that every American can have access to safe +drinking water. + Mr. Huffman. Mr. Udall just mentioned the notion of winners +and losers. And Mr. Ibach, you offered some testimony that was +a little different than what we often hear in this Committee. +When there are water shortages for agriculture, I think we are +very familiar with the concept of fallowing and the hardships +that sometimes are felt. But we haven't had a chance to hear +about what happens to fishing communities because of droughts +and water management decisions. Can you speak specifically +about what you have seen in your community from those impacts? + Mr. Ibach. Yes, absolutely. I know in my community we have +seen a lot of hardship. I have personally witnessed many +families go through many financial hardships. I have witnessed +people not only lose their jobs, but forced to sell everything. + And that is not just in my community. When we are talking +about coastal communities that are affected by a lack of +salmon, it is not just our community in Northern California. It +extends as far south as Santa Barbara in California, and all +the way up to the Oregon border. And not just up to the Oregon +border, it actually extends all the way up into Oregon and +Washington. And not only Washington, it actually extends all +the way up into Alaska, as well. + The fall-run salmon from Sacramento are actually caught up +and down the entire West Coast of the United States. So, it is +not just our local communities, it is actually up and down the +entire West Coast. + Mr. Huffman. Thank you. The Chair now recognizes Mr. Hice +for 5 minutes. + Dr. Hice. Thank you, Mr. Chairman. I appreciate it. I do +live in what is referred to as Lake Country in Georgia. We have +over 800 miles of shoreline in my district. And just for +clarification and simplification, let me just say that dams +protect us both from floods and drought. I think that is an +important thing for us to come to just a basic understanding, +which I know we know, but it is good for it to be restated. + Mr. Diedrich, let me go to you. I am not an expert, by any +means, on California. But my basic understanding is, current +population there is ballpark 39 million. But the water supply +is really suited for approximately 22 million. Is that your +understanding? + Mr. Diedrich. That is a fair characterization. + Dr. Hice. A fair characterization, all right. I also am +under the impression that California is expected to double in +size by 2050 and have approximately 80 million. If that is the +case, what in the world are they going to do? What needs to +happen to catch up from currently being behind in the capacity +of water? And what in the world needs to happen to be prepared +for the influx of population growth? + Mr. Diedrich. It is absolutely going to take a portfolio +approach to every area. + But Number 1 is that we are going to have to have increased +storage in the state of California. You cannot put water in the +ground when there is a flood. You have to put water in the +ground off season. And in order to do that, you have to store +it when it comes down. + So, storage is absolutely vital. We have to find additional +storage that can be built as soon as possible in the state of +California. + Dr. Hice. Sounds like it is going to require a significant +amount of storage, as well. + Going along with that, we also all know how much produce is +provided for our country that comes out of California, just +with fruits and nuts and vegetables, all that sort of thing. +Probably 50 percent or so for our country comes out of +California. + If what you just highlighted does not take place, the +increase of storage capacity for water, how would that impact +the rest of the country, in terms of produce coming out of +California? + Mr. Diedrich. The safe and affordable food supply that +comes out of the Central Valley and all of California is going +to be in jeopardy. I cannot tell you at this time to what +degree, other than it is going to be significant. + There are only two ways that you can deal with this. It is +to control the demand, which is going to require fallowing, and +land taken out of production, on top of all of the other things +that we already are doing, which is conservation, water use +efficiency, reuse, all of that. Or increase supply. + And Representative McClintock represented the situation +fairly when he said it is just a matter of where the +precipitation falls and the timing of the precipitation. So, in +order to control that, we have to have additional storage. + Dr. Hice. I think your point is well taken. And it seems +obvious to me that you are barking up the right tree, in terms +of a solution. + One of you mentioned a while ago, someone briefly, about +the Endangered Species Act. How has the Endangered Species Act +complicated water rights? Or has it? + Mr. Diedrich. I believe that the solution is going to be a +collaborative effort. I am in no way proposing that the +Endangered Species Act be eliminated. What I propose is that it +be managed and implemented in an equitable, scientific, and +fair way. + I understand that collaboration is required between all of +the stakeholders and the agencies. There are things that we can +do that are non-flow projects that will increase habitat and +increase the viability and the propagation of endangered +species that don't have to do with water flow. Water flow is +essential, obviously, but there are many other projects that we +need to undertake to mitigate the harm to the endangered +species. + I believe that some of the characterization today has been +unfair, although I understand that this is going to be an +effort that we all are going to be involved in. Mr. Nelson's +problem, Mr. Ibach's problem, and our farm problem are all very +much related. + Dr. Hice. I thank each of our witnesses. Thank you for your +answers, and I yield back. + Mr. Huffman. Thank you, Mr. Hice. The Chair now recognizes +Mr. Costa for 5 minutes. + Mr. Costa. I thank the Chairman and the Ranking Member. I +think this topic is an important part of this Subcommittee's +jurisdiction, and one that we will continue to work on for this +Congress. + Clearly, the sustainability of our water resources, not +only for California, but for the West and for our Nation, are +really a determiner as to whether or not the world can deal +with the challenges of climate change and the impacts of water +availability for the sustainability of not only our Nation, but +the world. That is really what is at risk here. + And many of you who I have worked with over the years know +that I like to make a reference to using all the water tools in +our toolbox, because there is not, I don't think, one single +solution, but it is a combination of strategies and +collaborations, as Mr. Diedrich was suggesting, I think. + Let me quickly get to a couple of questions here. Mr. +Diedrich, you stated in your written testimony--and you +restated it just a moment ago--that environmental interests, +fish and wildlife agencies, and water managers set +scientifically-based priorities and to be held accountable in +the efforts to manage those. And, of course, water flow is a +key component. No one denies that. But could you elaborate more +specifically on what kinds of things you think would be helpful +in increasing fish populations in this effort? + Mr. Diedrich. A lot of that work is going on right now, +today. Public water agencies that fly farm water are very much +engaged. There are projects--anybody that is interested, they +can Google Floodplain Fatties. Right now, we are flooding rice +fields to mimic the flood plain to produce food for salmon +smolt. That is a project that we are collaborating with. And we +are dropping root balls into certain areas of the river to +provide habitat and cover for the salmon smolt to protect them +from predators. There is a tremendous amount of work that is +ongoing today to identify the stressors that are in the system +that are affecting the endangered species. + Mr. Costa. I appreciate that. Let me go on, because there +are a lot of examples, as you noted, and others that I would +like to submit for the purpose of the hearing that are +collaborative efforts that we should acknowledge. + Mr. Ibach, the impacts of your fishing communities are +heartfelt, and I know of them from my colleagues. They are very +similar to the stories that we have had during the height of +the drought in our farm-working communities, where we have had +unemployment levels as high as 40 percent, and close to 50 +percent. So, the drought has had mutual negative impacts. + When we look at the impacts of climate change, sea levels +rising, the impacts of water temperatures--and you noted on the +Sacramento River--and we had a great debate in the last year-- +between 56 and 57 degrees temperature on the cold water pool +behind Shasta. I have seen historical maps of the Pacific Coast +up to the Canadian border, up to Kamchatka Peninsula on salmon +runs. And clearly, climate change is going to impact, +notwithstanding our best efforts, would you not agree? + Mr. Ibach. Yes. I agree that climate change definitely +plays a role, as well. + Mr. Costa. I mean, there are multiple factors in this. We +have more population, we have rivers down the coast far below +San Francisco that no longer provide the fishery resource that +they used to because of a whole combination of factors and +decisions that were made. Is that not the case? + Mr. Ibach. Yes, it is multiple factors. But one of the key +main factors is water. Salmon need water---- + Mr. Costa. No, I understand. But 40 years ago, we had 20 +million people in California. Today, we have 40 million people. +By the year 2030, we are going to have 50 million people. I +wish I could do something about that. Actually, I have. I have +not contributed to that population growth. + [Laughter.] + Mr. Costa. But the fact is it continues, so we have to deal +with the reality. + Mr. Udall, the law of the river--I studied a lot, your +father was involved--do you think that is going to have to be +revisited on the Colorado when California gets its water +resource from Northern California, from the Colorado, and from +the east side of the Sierra? One of the seven states. What is +your thought? + Mr. Udall. There is a terrific opportunity with the +negotiations that come up next year to redo the 2007 interim +shortage sharing guidelines. And I think we have to look at +every aspect of the law of the river during that 6-year period. + Mr. Costa. My time has expired, Mr. Chairman. But +obviously, this is a discussion that we need to continue. And +your opening comments about attempting to try to put aside some +of the politics that have made dealing with these issues +difficult and providing solutions, I welcome, and I will work +with you. + Mr. Huffman. Thank you, Mr. Costa. The Chair now recognizes +Mr. Fulcher for 5 minutes. + Mr. Fulcher. Thank you, Mr. Chairman. A question for Mr. +Diedrich. + In my state of Idaho, I get feedback from our stakeholders +quite frequently in regard to who really is making the +decisions on water management. And as you know, the Western +States Water Council--I think it is position 425--says that the +state is to be the primary decision maker, or more local, on +how the allocation, administration, and management of that +water is to be handled. + In reality, because of ESA--at least the stakeholders in my +state frequently come to me and argue that, hey, look, that is +really not what is happening here. + So, (a) are you in line with that? Do you see some of those +conflicts? And (b) if so, what types of reforms to ESA do you +think we need to make, in order to allow more local control of +administration of that water? + Mr. Diedrich. That is a very difficult question. I believe +that many of our stakeholders feel the same. It is a very +complicated system, where the state and the Federal cooperate +with the Federal agencies. In California, we have some very +powerful state agencies--we have a California State Endangered +Species Act also. Everybody has to collaborate on making +decisions on operation of the system. So, we need inter-agency +and collaborative effort. They all need to work to the same +goal. + One of the things that would be helpful, I believe, is the +FISH Act. I believe that if we can get Fish and Wildlife to +have the anadromous fish species that are in commerce under one +roof, it might be helpful. + Mr. Costa. Would the gentleman yield? + Mr. Fulcher. Yes. + Mr. Costa. I think the point that Mr. Diedrich is making is +important. And not that California is always a good example, +because we have our own challenges, I believe. + But Mr. Diedrich, we have been through this, you and I, for +a long time. But if you could give some perspective to the +gentleman as to that collaborative effort over the last 10 +years, the last 5 years, a descriptive as to whether it is +getting better, worse, or the same. + Mr. Diedrich. Well, I think certainly 5 years ago we had +issues with--we had section 7 of the Endangered Species Act, +for example, where we are managing each species individually. +And a lot of the times what is good for one is not good for +another. And if they are at a conflict, it is a problem. We +have that problem with smelt and with salmon. + So, we just feel like if we could get this all in one +house, it might be managed a little bit more effectively. + Mr. Costa. Do you think the collaboration is getting better +or worse? + Mr. Diedrich. I think it is--I went on a Delta tour +recently, and I was hopeful. I think some of this Biological +Assessment and this activity that is going on right now with +the President's memo is a good thing. It is going to help---- + Mr. Costa. I thank the gentleman for yielding. + Mr. Fulcher. Yes. Thank you, Mr. Costa. So---- + Mr. Huffman. Reclaiming your time, Mr. Fulcher? + Mr. Fulcher. I am, thank you, and just more of a statement +than a question at this point. + Mr. McClintock made a statement about the economic impact +of the Ag. community--versus the fish and that component, +economically. As I close up my amount of time, I need to echo +that sentiment for my home state. + And I would also like to point out that we have made some +pretty good progress with salmon flows. Frankly, it has been +our Native American population and the fisheries and hatcheries +that have been very integral in developing and managing, and +they have helped bridge that gap. + But to think for a moment that we can sidestep the economic +engine of our entire state by breaching and those types of +things, we just simply have to find a smarter way. + So, Mr. Chairman, thank you. And Mr. Costa, Mr. McClintock, +the panel. + Mr. Huffman. Thank you. The Chair recognizes the gentleman +from Orange County, Mr. Levin--Orange County being a place +where they actually drink highly treated wastewater as part of +their baseline water supply. And it looks pretty healthy, looks +pretty good. + Mr. Levin. I have consumed it myself, Mr. Chairman, and I +have lived to talk about it. + I wanted to thank you for holding this hearing. As many of +my colleagues here on the dais know, California has a +complicated water system that faces sustainability challenges, +given our changing climate. Snowpack is projected to lessen as +the climate warms, and the state will see a larger percentage +of its precipitation in the form of rain. + With these changes and our continually growing population +in mind, we must consider how to make our water resources more +sustainable and reliable for our population centers. + In my district, in North San Diego County, in South Orange +County, we have a number of projects that are moving our +communities toward a sustainable future. I am pleased to say +that the Bureau of Reclamation recognizes the value of those +projects, and that the Doheny Ocean Desalination Project and +the expansion of Oceanside's Mission Basin Groundwater +Purification Facility are set to receive a combined $11 million +from Reclamation. Together, these projects will increase access +to locally sourced, great, clean drinking water. + I am proud that the water agencies in my district are +building toward the future in a way that will allow them to +more sustainably manage their water supply. I am also +encouraged that we are finally having a long-overdue discussion +on climate change, and how it relates to water supplies. + To Mr. Udall, as a scientist who studies the impact of +climate change on water supplies, you may have seen reports +that President Trump plans to establish a group at the White +House to review climate science. The group would be led by +William Happer, a physics professor who has no formal training +as a climate scientist. + In November 2017, Mr. Happer said--and I quote--``It is not +as though if you double CO 2 you make a big +difference. You make a barely detectable difference.'' + Mr. Udall, do you think Mr. Happer's statement is +scientifically accurate? And how would you respond to his +assertion? + Mr. Udall. That statement is not scientifically accurate. + When Chevron tells us that the Intergovernmental Panel on +Climate Change is right, as it recently did, and when Exxon +decides we need a carbon fee, I think the debate is over on +whether or not this issue is a real issue, and we need to do +something about it. + Mr. Levin. Another quote from Mr. Happer in March 2016. He +said, and I quote, ``I am trying to explain to my fellow +Americans the serious damage that will be done to us and, +indeed, to the whole world by cockamamie policies to save the +planet from CO2 .'' + As a trained climate scientist, sir, how would you respond +to that? + Mr. Udall. It is not correct. + Mr. Levin. Finally, in November 2015, Mr. Happer said, and +I quote, ``If plants could vote, they would vote for coal.'' + As a trained climate scientist, how would you react to +that? + Mr. Udall. CO2 does, in fact, fertilize plants. +But it causes a whole series of other problems, which we are +now experiencing, including 50-plus inches from Hurricane +Harvey, of which 40 percent was due to climate change. + Mr. Levin. I appreciate your good work on behalf of +evidence and climate science. And I would hope that others +would acknowledge the overwhelming scientific consensus. And +hopefully that will happen eventually in the White House, as +well. + With that, Mr. Chairman, I yield back my time. + Mr. Huffman. Thank you. The Chair now recognizes the other +gentleman from the Central Valley, Mr. Cox, for 5 minutes. + Mr. Cox. Thank you so much, Mr. Chairman. Thank you, +everyone, for being here today. + There is probably no place that feels effects of climate +change greater than the Central Valley of California. We have +seen it in our shorter winters, our hotter summers, reduced +precipitation, and certainly in the unreliability of our water +supply. And our Nation's water supply has been clearly impacted +by climate change in my district, in California's Central +Valley, as Mr. Nelson well knows and previously testified. + Everyone, from our farmers, our ranchers, and, most +importantly, our rural communities, have been severely impacted +by California's last drought and the ongoing lack of water +supply and access. + Water supply reliability is an issue that affects every +other issue. You can't talk about health care without talking +about lack of access to clean drinking water. You can't talk +about job security, you can't talk about economic growth, or +the stability of our communities without talking about a +reliable water supply and long-term water storage. And the +reality of it is that our way of life is completely determined +by our access to reliable and clean drinking water. + And this isn't a partisan issue at all. We must find +compromise and smart solutions to address our water supply +reliability. That is why we were elected to Congress, that is +why we sit on this Committee today, and it is why we are here +today. + So, with that, I have a few questions. + Mr. Nelson, rural communities, as you pointed out, are +especially vulnerable to running out of water during times of +drought. They often rely on groundwater wells that tend to be +relatively shallow. In recent years, many communities in my +district have literally run out of drinking water and have had +to rely on emergency bottled water deliveries. + What specific impacts have you seen in the communities you +serve in California from the drought? + Mr. Nelson. Thank you for that question. It manifests as a +human catastrophe. I mean, just imagine going home and having +to take your children to a community portable shower in a +trailer. That is the reality. + There are also, as already has been pointed out, economic +impacts. How can we expect our communities to thrive, when we +can't provide something as basic and fundamental as safe +drinking water? + That is a public health crisis of our time, and it needs to +be addressed. + Mr. Cox. Mr. Ibach, you said something that kind of piqued +my interest. And if you could provide a little bit more color. +When you said, ``what Congress must do in order to save the +Central Valley from itself,''--could you give me a little more +explanation on that statement? + Mr. Ibach. I think that goes right along with the other +communities. + Another community that we failed to mention was that the +inland community around the Sacramento River also relies on +salmon, as well. There is a large portion of people, small +communities up and down the entire river system, that benefit +with more salmon in that river. + Mr. Cox. I appreciate that. But how does that go back to +the Central Valley saving itself from itself? I mean, I am +still unclear what you meant by that. I am not trying to put +you on the spot or anything like that, but it is---- + Mr. Ibach. I think that the point I was trying to make +there, is that we need to further have better water management, +all together. And we do need to work together. And the Central +Valley, I think, obviously, needs to put--in my personal +opinion--a lot more effort into our salmon stocks, because we +are a dying industry. + It has almost been a nail in the coffin for our industry +and for a lot of people. So, I just can't emphasize enough how +bad we need water to really help salmon for---- + Mr. Cox. Well, fair enough. And I could tell you that the +people I represent, the Ag. community, the rural communities, +we are all looking for a collaborative approach, so it is not +fish versus farms. + And I think Mr. Diedrich could probably speak a little bit +about that, with some of the conservation efforts that you are +taking. And, if you wouldn't mind, providing a little more +color around some of the things that you do. + Mr. Diedrich. Absolutely. One of the things Representative +Napolitano had asked earlier was about whether or not we are +engaged in reuse. And I would like to address that, because we +are. + There are some very large water supply projects, where we +are taking the same water that Orange County is drinking and +putting it back in the Delta-Mendota Canal. And we are using it +for irrigation water, so we are using every available tool in +the toolbox, as Representative Costa mentioned earlier, to try +to produce a reliable water supply so we can continue to +produce a safe and affordable food supply. So, absolutely. + Mr. Cox. Thank you so much. + Mr. Huffman. And Mr. Cox, just for what it is worth, I took +that statement about saving the Central Valley from itself to +mean that, in the absence of better water management, we will +continue to see chronic groundwater overdraft, and the need for +infrastructure repairs, and other things. + But maybe at some point we can go into more depth into +that. I think that there is a broader explanation of what that +might mean. + Mr. Cox. Yes. Frankly, it wasn't a loaded--I wasn't trying +to make a point. I was just really trying to understand the +context of the statement. + Mr. Huffman. Absolutely. Well, let's do this. We are going +to close now, and I thank the witnesses and the Members for +their engagement. + But one of the things I would like to do before we do that, +Mr. Gosar, who, I believe, is on this--no, he is not on this +Subcommittee, but he has been in the past. He has this little +thing when he chaired this Subcommittee, where he would close +by asking each witness, in 1 minute or less, to say what is the +question you were not asked that you wish you had been asked, +and see if they can just close out with that 1 minute or less. + Let's do that, starting with Mr. Ibach here on the end, and +we will give Mr. Udall the final word. One minute or less, what +do you wish you had been asked, and what would you have said? + Mr. Ibach. I really wish I would have been asked more about +the impacts on our fishery, honestly, and the people that I +represent. The fishing community has been in peril. We heavily +rely on salmon in a big way. And I wish I could just have more +time to elaborate on how bad our situation is in the fishing +industry. + A lot of salmon rivers, 80 percent of the water is taken +away from salmon rivers, rivers that have salmon in them. That +leaves a remaining 20 percent. I just can't emphasize enough +how bad we have been struggling, and how bad we need this +water. Water going to the ocean is not being wasted. That water +going to the ocean is a crucial key factor for the survival and +the longevity of keeping salmon around, which we need. + Mr. Huffman. Thank you, Mr. Diedrich, what do you wish you +had been asked, and what would you have said, in 1 minute or +less? + Mr. Diedrich. Well, I don't know if it hasn't been asked, +but I have a few other things I can say. The issue for +California agriculture is, obviously, the Central Valley, +California overall, produces a safe and reliable food supply. + And we believe that it is a national security issue, not +only in the economic dollars involved with our production, but +having the control of our own food supply, and having it be +safe, and have it being produced under a highly regulated, +sustainable system. There is no doubt that our water supply +reliability is a prime factor in our ability to do that. And in +order to produce a reliable water supply, we are going to have +to deal with many, many other issues. + Ag. has done its part in water conservation, water use +efficiency--today we produce more food per drop of water than +we ever have. We have increased our production incredibly. We +take advantage of every door that we see open. Every tool +available, we take advantage of. + Mr. Huffman. Thank you. + Mr. Diedrich. I just ask that this Committee do their work, +do their job, and encourage Federal agencies and Federal water +management to cooperate with the state and all the regulatory +agencies. + Mr. Huffman. Thank you, sir. + Mr. Willardson? + Mr. Willardson. I think I would emphasize the collaborative +nature and the difficult choices that we are going to have to +make, moving forward. + I would mention, on the Endangered Species area and +changes, Governor Kempthorne of Idaho--then Senator--and now +the Western Governors, have a long list of recommendations for +addressing endangered species. + I would also point out that farmers are fishermen. Being in +Utah, we do have some kokanee, but I don't fish much for +salmon. But I used to fish for trout. I think finding these +economic and environmental balances are important. + And Representative McClintock, one of my first papers 40 +years ago, when I went to work for the Council, was on +conservation. It does not create new water. But it is something +that we have to look at. And it can be expensive. + These are very site-specific issues. I live in the Salt +Lake Valley. Utah is the second-highest per-capita water user, +next to Nevada, in the West. And in Salt Lake City, I live next +to the mountains, where we get our snowpack. Our supply is the +snowpack. We don't have to move it through large canals, as +they do in California. We don't have to treat it much. We live +on lots, and we all have large families, which contributes to +that. + They are in the process of beginning to discuss metering my +secondary water system, which I now have. And I pay a lot less +than when I was using municipal water to irrigate my property. + But it is really site-specific when you look at +conservation, when you look at water supply, and you look at +the costs and benefits. And we have to do that in a +collaborative manner, recognizing everyone's needs. + Mr. Huffman. Thank you, Mr. Willardson. + Mr. Nelson? + Mr. Nelson. Thank you, Chairman. One question that comes to +mind is how do we secure every American's basic human right to +water? + As I have already shared, this is a public health crisis. +It is happening under our watch. It is an environmental justice +crisis. And because of climate change, it is only going to +become more of a challenge. + So, as already has been mentioned, we do need more funding +for water infrastructure. But to go back to this concept of a +portfolio approach, we would say that it needs to be a smart, +protective, and environmentally just portfolio approach. And we +need to act not in the future, not in any other moment. We need +to act right now. Thank you. + Mr. Huffman. Very good. + Mr. Udall, last word. + Mr. Udall. My question is what is the risk if the Colorado +River Drought Contingency Plan is not put into place. And the +risk is, if we empty Lake Mead, all bets are off. Water rights +are meaningless at that point. We will have no rules for how +this system operates. And the Federal Government will be in +charge of allocation decisions, which should scare everyone. +And they will be making these decisions without full +understanding of the consequences. The DCP has to get across +the finish line. + Mr. Huffman. Very good. Well, thanks again to all of the +witnesses. This hearing has helped spotlight some of the +challenges we will have to manage now, and in the years to come +to secure our Nation's water supply. This Subcommittee will +work hard and thoughtfully to craft policy solutions that +promote water supply reliability for all affected stakeholders. +And I thank our witnesses for joining us to inform that +important work. + Members of the Committee may have some additional questions +for the witnesses, and we will ask you to respond to these in +writing if that is the case. + Under Committee Rule 3(o), members of the Committee must +submit witness questions within 3 business days following the +hearing, and the hearing record will be held open for 10 +business days for these responses. + If there is no further business, without objection, the +Committee stands adjourned. + + [Whereupon, at 11:27 a.m., the Subcommittee was adjourned.] + + [ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD] + +Submission for the Record by Rep. Cox + + Statement of the South Valley Water Association + The South Valley Water Association (SVWA) consists of nine +irrigation districts that wield water for agriculture within the +Central Valley Project's (CVP) Friant Division. SVWA represents more +than 400,000 acres of the world's most productive farmland in the +southern end of the Great Central Valley of California. Farmers in SVWA +grow a diverse group of agriculture commodities including: cotton, +grapes, oranges, and a variety of different nuts and dairy products. + Collectively, the SVWA irrigation districts deliver up to 1 million +acre-feet of water annually to farmers in the Central Valley. + Water supply reliability in the San Joaquin Valley will require +robust state, Federal and local investment in infrastructure, along +with coordinated and balanced approaches to water management to ensure +that one of the world's most productive agricultural regions can +continue to provide good jobs and safe, affordable food to all of the +United States. + subsidence + Subsidence is an issue that plagues the entire state of California +but nowhere are the impacts as visible as in the San Joaquin Valley. +Because of subsidence, the Friant-Kern canal, which relies entirely on +gravity to deliver water to communities and a total of 1 million acres +of farmland, has lost roughly 60 percent of its carrying capacity, as +the canal has literally sunk into the ground creating pinch points +upstream of some of the largest users of water. These pinch points +prevent the efficient movement of water and have caused severe economic +impacts. + As the state of California moves toward implementation of the +Sustainable Groundwater Management Act (SGMA), the inability to +efficiently move water through the Friant-Kern canal creates +significant hurdles as it limits the ability to move water from +Millerton Lake through to the southern end of the Friant service area. +This part of the San Joaquin Valley has significant groundwater +recharge potential, but it can only be fully realized if the +infrastructure exists to deliver water during times when excess flows +are in the system. + The double-sided impact of subsidence is not just the inability to +deliver irrigation and recharge water and gain the resulting benefits, +but also that the diversion of that water into the Friant-Kern Canal is +also part of mitigating flood impacts on the levy systems below Friant +Dam. + Subsidence is also not limited to just the Friant-Kern Canal. In +2017, the levies of the lower Kings River had sunk enough that flood +releases threatened the communities of Huron and Tranquility. Scenarios +like that will continue to play out in the San Joaquin Valley until the +impacts of subsidence are addressed. + multi-benefit projects + Farmers in the San Joaquin Valley will inevitably have to fallow +land in order to reduce groundwater demand and meet the requirements of +SGMA. Because of this, SVWA has developed a unique partnership with The +Nature Conservancy (TNC) to advance multi-benefit land retirement +projects. SVWA and TNC are in the process of implementing a strategic +land retirement program to ensure that land retirement is done in a way +that minimizes impacts to disadvantaged communities and creates +ecosystem benefits. A scattered approach to land retirement will have +severe socio-economic impacts and limit habitat connectivity. The +program will identify lands for fallowing based on their habitat +potential and will create habitat connectivity in a region that has +historically been characterized by a checkerboard of farmland and +habitat. + Strategically retiring and restoring parts of the farming landscape +to natural habitats, as opposed to leaving them fallow and unused or +converting them to houses or industrial uses, could significantly +increase the potential for recovery of dozens of endangered species in +the San Joaquin Valley. + Restoring former agricultural lands to natural habitats can also +deliver other environmental benefits that provide tangible services for +farmers and San Joaquin Valley residents. Restored lands can be a +reservoir of abundant native pollinators needed for crop production and +natural enemies of agricultural pests which can reduce the pest burden +in many crops. Reducing the agricultural footprint may also help reduce +air quality problems that are leading to chronic human health issues in +the San Joaquin Valley, like high rates of asthma. Retiring and +restoring targeted agricultural areas will create the possibility of +reducing overall nitrate loading in groundwater over time that +currently affects rural communities and contributes rates of birth +defects that are higher than state averages. Further, it could also +significantly contribute to helping the state meets its 2030-2050 +targets for reducing greenhouse gas emissions a potential source of +funding for landowners and water agencies to help defray the costs of +lost production and restoration. + healthy ecosystems + SVWA recognizes that healthier fisheries lead to more reliable +water supplies and that the two are not mutually exclusive. Farmers +versus fish is a counterproductive approach that only fosters +division--the traditional paradigm that more flows lead to more fish +hinders progress. Science shows that efforts to improve fish +populations should focus on habitat restoration, predator control and +functional flows--flows at the right time and place, rather than +additional requirements for minimum instream flows. Efforts to +reactivate floodplains for fish in the Sacramento Valley have shown +incredible promise and should be replicated on the Lower San Joaquin +River. + + ______ + + +Submission for the Record by Rep. Napolitano + + U.S. House of Representatives, + Committee on Natural Resources, + Washington, DC 20515 + + August 28, 2009 + +Mr. Kenneth Salazar +Secretary of the Interior +U.S. Department of the Interior +1849 C Street NW +Washington, DC 20240 + + Dear Mr. Secretary: + + As chair of the Subcommittee on Water and Power, I have grave +concerns I felt I must share with you. Please forgive the lengthy +explanation; I felt it must be given. + Drought in California is polarizing the state, taking up valuable +time and resources resulting in considerable debate and finger-pointing +as to who/what to blame. Thank you for recognizing that the issue is +big enough and requires you dedicating high level staff to addressing +the problem. + The quandary we face is to both reduce demand and increase supply. +Historically, water developers have focused on increasing the size of +the water pie. Developing new water supply takes years to accomplish +(fifteen years by the Governors own estimate), costs billions of +dollars, presently lacks public consensus, public and political will, +and united support. Addressing the water equation by reducing demand +has already resulted in extensive efforts in Southern California to +reduce water consumption (local regulations), improving conservation +efforts (low flow toilets and shower heads) and educating the public +(PSA's and notices in water bills). This has lessened impacts, but as +the population continues to grow and the drought continues, the demand +will increase beyond what conservation alone can provide. + The California Congressional delegation is a diverse group. One +thing that we all agree on is that the water crisis in California is +significant, requires leadership and development of a solutions +portfolio that builds upon our abilities to confront problems, and uses +our innovation and ideas to mobilize the resources necessary to +addresses the issues. Some of us have been giving the California water +issue serious review and determined that the Subcommittee needed to +explore options. +What Does a Water Solution Look Like? + Over the past two months I have had the Water and Power +Subcommittee staff director, Dave Wegner, researching the issue and our +potential roles. I have been briefed on initial findings and we will be +briefing the subcommittee upon our return in September. We are offering +our full assistance to address the long, mid and short-term actions +that can be taken to develop water solutions for California and, by +learning from these efforts, provide opportunities for the rest of the +Western United States. Our concern is that the drought of the last +three years may continue into 2010, possibly further. We need to +implement actions now that will provide the ability to let the +Department focus on the long-term solutions. + Solutions to the California water crisis must be based on a +diversified and dynamic approach, allow for appropriate planning and +permitting that will ultimately allow delivery of water in a timely and +cost effective manner. There is no one single ``silver bullet'' that +will solve the water crisis. The challenge we face is to develop a +cooperative approach that cumulatively will yield a diversified +portfolio and strategy that will result in increased supply, reduced +risk, and improved water security, sooner rather than later. + It is indisputable and imperative that discussions and efforts +directed at long-term solutions continue. At the same time, we must +recognize that when creating new water from large water projects, all +parties and all interests are defined by an immutable rule: the last +dollar must be spent to get the first drop of water. The bottom line is +that until we spend the last construction dollar, no one gets the first +drop of water from any of these proposed projects. + In the course of our research, we have asked state water leaders +when new water supplies could be brought on-line, addressing the +question, when does California achieve that ``first drop?'' The answers +range from 2020 to 2030, depending on a plethora of unknown factors. In +reality the year doesn't really matter. The point is there is no +immediate construction action that can be taken to create new water. + Creating solutions to water demands must incorporate a range of +ideas and approaches. Water managers must continue to explore, and +analyze long-term solutions associated with the Delta, evaluating new +water sources, including storage and conveyance. At the same time, it +is equally imperative that a plan be adopted to address our immediate +challenges. +The Goal: Creating 1 MAF of Water for California in the Near Term + Let me reiterate again Mr. Secretary, we want and are anxious to +work with the Department on a portfolio of solutions for the water +crisis in California. We want to look for solutions and approaches +where Congress and the Administration can work collaboratively on +solutions. As Chairwoman of the Subcommittee on Water and Power, I +submit the following recommendations for immediate actions on your +part, to address challenges to the California water crisis. Each is +based on the concept of stretching existing water supplies in order to +increase the amount of available water and does not require new +legislation, only strong and decisive leadership. +(1) Bureau of Reclamation to establish a 1 Million Acre Foot new water + program + +Grow new water in the State--throughout the State + + Create, in the next 48-60 months, 1 MAF of new water + annually + + Develop this new water without regional water user or + environmental conflict + + Accomplish this objective utilizing the Bureau's Title XVI + program, identified by the Commissioner on July 21, 2009, + as part of Reclamation's core mission. (We agree with the + Commissioner's statement made before the Subcommittee and + believe that by working with 0MB we can develop support for + funding.) + +(2) Bureau of Reclamation to establish a ``Farmer Helping Farmer'' + Irrigation Efficiency Initiative + + Make funds available to water districts, water agencies + and individual irrigators to invest in on-farm irrigation + efficiencies to stretch our existing available irrigation + water. These funds could come from the Reclamation Rural + Water Program and other funding vehicles identified in + previous legislation. + + Consistent with CVPIA and Reclamation law, allow districts + or irrigators to sell, rent or lease water savings to other + irrigators. + + Implement improved and less bureaucratically cumbersome + transfer incentives for farmers and water districts to + allow the efficient and timely movement of water from and + through existing facilities. + +(3) Bureau of Reclamation to establish ``Water Conservation'' + Initiative for urban and rural water districts + + Make funds available to water districts, water agencies + and others as appropriate to invest in conservation efforts + (i.e. irrigation methods, scheduling, land leveling, etc.) + that stretch existing water supplies. These funds could + come from the Reclamation Rural Water Program and other + funding vehicles identified in previous legislation. + + Consistent with CVPIA and Reclamation law, allow districts + and/or irrigators to sell, rent or lease water saved to + others. + + The objective of these recommendations is to stretch the water +supplies we have. In the short term, we have adequate water supply to +meet the needs of the State of California. What is lacking is the +bureaucratic ability to efficiently move water, incentives for water +right holders to allow for the efficient use of water, and leadership +to address how to get it done. + We can implement programs here and now to create 1 MAF of new water +annually through Title XVI, and supplement that initiative with +projects to stretch existing supplies throughout the State--from our +cities to our farms. + + Recommendations requiring action: + + + The Interior Department and Bureau of Reclamation submit, + urgently, a $250 million budget amendment to the Bureau of + Reclamation's budget for FY 2010 adding funds in the + following amounts: + + + Title XVI.................... $200 million + Water Efficiency (Farmer-to- $ 25 million + Farmer). + Water Conservation Initiative $ 25 million + + + OMB, Interior, the Administration, and others as + appropriate and necessary, work with the House Budget + Committee, Appropriations Committee, Energy and Water + Appropriations Subcommittee, Natural Resources Committee, + and the Water and Power Subcommittee to implement this + prior to when the Energy and Water Appropriations bill for + FY 2010 is finalized in conference. Concurrently, + coordinate with the appropriate Senate committees and + subcommittees. + + The Title XVI funds should go to develop a new generation + of projects--throughout the State. The objective is to (a) + fund projects not funded by the Stimulus Program; and (b) + underwrite at least 40 congressionally approved new + recycling projects. Today, projects throughout Southern + California--in LA, San Diego, Riverside, Orange and San + Bernadino Counties are on track to develop approximately + 500,000 acre-feet of new water annually. This program will + double that--to produce 1 MAF of new water annually and do + so within 48-60 months. + + While California puts 1 MAF water into service and on-line, long- +term plans can proceed with the efforts of the Department of the +Interior leading toward actions. California can manage our way through +this challenge rather than be overwhelmed by it. When the day arrives +where California runs short of water, the direct and indirect costs +will be measured in billions and the bureaucratic stress will increase +exponentially. We need to act now and act in a concerted, strategic +approach. +What can be done immediately? + Congress has provided tools so we can begin work now to resolve the +water crisis. First, the Title XVI water recycling and water +reclamation program can be the centerpiece of a constructive solution. +As a result of investment in it, new wet, not paper, water can be +created and placed in service throughout the State. Recycled water +developed throughout California relieves pressure on the Delta, and, in +turn, helps water districts and water users in the San Joaquin Valley, +particularly those on the West Side, who have junior water rights and +water entitlements. + A $200 million investment in Title XVI automatically leverages an +additional $600 million from the water districts and financial lenders. +By law and policy, water districts are eligible for a 25% cost-share, +not to exceed $20 million. This is the most cost-shared water resources +program in the Federal Government. This investment stimulates new +business, puts people to work, develops green jobs, produces 1 MAF of +new water annually and helps the State manage its way through this +water crisis. + The bottom line to the Water and Power Subcommittee is that we +believe that Congress has given the Department tools to address the +California water crisis. We believe that solutions must include near, +mid and long-term actions. And finally, we believe that cooperatively +we can work with the Department to strategically plan for and implement +actions that will result in water in the faucet, will work with local +water districts, will put people to work, and will provide leadership +in addressing long-term water planning and production. +What we would like to Suggest. + We respectfully request a sit down meeting to discuss these ideas +with you, identifying what we can do to work with the Department in +meeting the water needs of California, and doing so in a cost effective +and environmentally sensitive manner. We look forward to your favorable +reply and meeting with you in September. Please contact the Water and +Power Subcommittee or myself to set up the meeting. + + Warm Regards, + + Grace F. Napolitano, Chairwoman + Water and Power Subcommittee + + ***** + + ATTACHMENT + +Supporting Justification for Proposal Suggestions + +This request is consistent with: + + Bureau of Reclamation Feasibility Study on Water Recycling + in Southern California + + Bureau of Reclamation Feasibility Study on Water Recycling + in the Bay Area + + State of California Task Force on Water Recycling + + DWR's Bulletin 160 + + MWD and SAWPA approved programs + + Other? + +Water Recycling Benefits + + Consistent with stimulus objectives + + Creates green jobs + + Provides for continuity of construction jobs in counties + most impacted by the recession + + Relieves pressure on the Delta, short-term and long-term + + Consistent with reduced energy and lower carbon objectives + + Provides drought relief + + Consistent with climate change policy objectives + + Develops new water supplies (and does so without + generating political conflicts) + + Projects can be designed, approved, funded, constructed + and operated within a short time + + No other alternative can produce 1 MAF as quickly or + efficiently. + +Farmer to Farmer Initiative Benefits + + Allows farmers to develop and implement solutions locally + + Can be accomplished with days, weeks and months . . . all + short term + + Proven technologies can be applied to modernize and + improve water management locally + + Maximizes flexibility to local districts and irrigators + within their immediate regions + +Conservation Initiative Benefits + + Fastest and least expensive way to ``create'' new water + + Urban water agencies have a demonstrated capacity + + ______ + + +Submission for the Record by Rep. Van Drew + + Congress of the United States, + House of Representatives, + Washington, DC 20515 + + February 26, 2019 + +Hon. Raul M. Grijalva, Chairman, +House Committee on Natural Resources, +1324 Longworth House Office Building, +Washington, DC 20515. + + Dear Chairman Grijalva: + + Please excuse my absence for today's Water, Oceans and Wildlife +Subcommittee hearing on ``The State of Water Supply Reliability in the +21st Century'' due to a family emergency. + + Sincerely, + + Jeff Van Drew, + U.S. Representative, + New Jersey--District 2 + + [all] +