[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4695 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4695

   To establish a Western Water Cooperative Committee, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2022

Mr. Cramer (for himself and Mr. Merkley) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
   To establish a Western Water Cooperative Committee, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Western Water Cooperative Committee 
Act''.

SEC. 2. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE COMMITTEE.

    (a) Findings.--Congress finds that--
            (1) a bipartisan coalition of 19 Western Senators wrote to 
        the Office of Management and Budget on September 17, 2019, in 
        opposition to the proposed rulemaking entitled ``Use of U.S. 
        Army Corps of Engineers Reservoir Projects for Domestic, 
        Municipal & Industrial Water Supply'' (81 Fed. Reg. 91556 
        (December 16, 2016)), describing the rule as counter to 
        existing law and court precedent;
            (2) on January 21, 2020, the proposed rulemaking described 
        in paragraph (1) was withdrawn; and
            (3) the Corps of Engineers should consult with Western 
        States to ensure, to the maximum extent practicable, that 
        operation of flood control projects in prior appropriation 
        States is consistent with the principles of the first section 
        of the Act of December 22, 1944 (commonly known as the ``Flood 
        Control Act of 1944'') (58 Stat. 887, chapter 665; 33 U.S.C. 
        701-1) and section 301 of the Water Supply Act of 1958 (43 
        U.S.C. 390b).
    (b) Establishment.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of the Army (referred to 
        in this section as the ``Secretary'') shall establish a Western 
        Water Cooperative Committee (referred to in this section as the 
        ``Cooperative Committee'').
            (2) Purpose.--The purpose of the Cooperative Committee is 
        to ensure that Corps of Engineers flood control projects in 
        Western States are operated consistent with congressional 
        directives by identifying opportunities to avoid or minimize 
        conflicts between operation of Corps of Engineers projects and 
        State water rights and water laws.
            (3) Membership.--
                    (A) In general.--The Cooperative Committee shall be 
                composed of--
                            (i) the Assistant Secretary of the Army for 
                        Civil Works (or a designee);
                            (ii) the Chief of Engineers (or a 
                        designee);
                            (iii) 1 representative from each of the 
                        States of Alaska, Arizona, California, 
                        Colorado, Idaho, Kansas, Montana, Nebraska, 
                        Nevada, New Mexico, North Dakota, Oklahoma, 
                        Oregon, South Dakota, Texas, Utah, Washington, 
                        and Wyoming, who may serve on the Western 
                        States Water Council, to be appointed by the 
                        Governor of each State;
                            (iv) 1 representative with legal experience 
                        from each of the States of Alaska, Arizona, 
                        California, Colorado, Idaho, Kansas, Montana, 
                        Nebraska, Nevada, New Mexico, North Dakota, 
                        Oklahoma, Oregon, South Dakota, Texas, Utah, 
                        Washington, and Wyoming, to be appointed by the 
                        Attorney General of each State; and
                            (v) 1 employee from each of the impacted 
                        regional offices of the Bureau of Indian 
                        Affairs.
            (4) Meetings.--
                    (A) In general.--The Cooperative Committee shall 
                meet not less than once each year in a State 
                represented on the Cooperative Committee.
                    (B) Available to public.--Each meeting of the 
                Cooperative Committee shall be open and accessible to 
                the public.
                    (C) Notification.--The Cooperative Committee shall 
                publish in the Federal Register adequate advance notice 
                of a meeting of the Cooperative Committee.
            (5) Duties.--The Cooperative Committee shall develop and 
        make recommendations to avoid or minimize conflicts between the 
        operation of Corps of Engineers projects and State water rights 
        and water laws, which may include recommendations for 
        legislation or the promulgation of policy or regulations.
            (6) Status updates.--
                    (A) In general.--On an annual basis, the Secretary 
                shall provide to the Committee on Environment and 
                Public Works of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives a written report that includes--
                            (i) a summary of the contents of meetings 
                        of the Cooperative Committee; and
                            (ii) a description of any recommendations 
                        made by the Cooperative Committee under 
                        paragraph (5), including actions taken by the 
                        Secretary in response to such recommendations.
                    (B) Comment.--
                            (i) In general.--Not later than 45 days 
                        following the conclusion of a meeting of the 
                        Cooperative Committee, the Secretary shall 
                        provide to members of the Cooperative Committee 
                        an opportunity to comment on the contents of 
                        the meeting and any recommendations.
                            (ii) Inclusion.--Comments provided under 
                        clause (i) shall be included in the report 
                        provided under subparagraph (A).
            (7) Compensation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the members of the Cooperative Committee shall 
                serve without compensation.
                    (B) Travel expenses.--The members of the 
                Cooperative Committee shall be allowed travel expenses, 
                including per diem in lieu of subsistence, at rates 
                authorized for employees of agencies under subchapter I 
                of chapter 57 of title 5, United States Code, while 
                away from their homes or regular places of business in 
                the performance of services for the Cooperative 
                Committee.
            (8) Maintenance of records.--The Cooperative Committee 
        shall maintain records pertaining to operating costs and 
        records of the Cooperative Committee for a period of not less 
        than 3 years.
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